Colorado Supreme Court upholds 3 state DUI laws

News
This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

DENVER — The Colorado Supreme Court ruled against three challenges to the state’s DUI laws, specifically involving the expressed consent law.

According to the law, if a person drives in Colorado, they expressly consent to a blood or breath test to determine blood alcohol content if law enforcement has probable cause the driver committed an alcohol-related offense.

Refusing to give a sample can be used against the driver in a criminal case. The officer is also required to advise the driver of the expressed consent law.

In People v. Simpson, the Supreme Court held that reading a suspect the expressed consent advisement does not render a subsequent chemical test involuntary.

In Fitzgerald v. People, the Colorado Supreme Court upheld that if a driver refuses to give a blood or breath test, it can be used against them in a criminal case.

In People v. Hyde, the Colorado Supreme Court held that an officer with probable cause to believe an unconscious driver has committed an alcohol-related driving offense can order a blood test.

The three defendants in the cases can ask the U.S. Supreme Court to review the cases.

Most Read

Top Stories

More Home Page Top Stories