CO Sup Court: If you choose to drive in CO, you may constitutionally be required to take a blood or breath test

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Kirk Mitchell has this for the Denver Post:

The Colorado Supreme Court has upheld Colorado’s drunken driving statutes in three cases in which lower court judges had thrown out evidence in warrantless blood draws, including a case in which a suspect had five times the legal limit of alcohol in his bloodstream…

The three cases involved different aspects of Colorado’s expressed consent law, according to a news release from Arapahoe County District Attorney George Brauchler.

The law says that by driving in Colorado, drivers consent to a blood or breath test to determine their blood alcohol content if the police have probable cause to believe that the driver has committed an alcohol-related driving offense.



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