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Colorado Law Outline

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Colorado law outlines driving under the influence, driving while impaired, and driving with excessive alcoholic content in C.R.S. § 42-4-1301. Furthermore, pursuant to C.R.S. § 42-4-1301.1 any person who drives a motor vehicle on the streets of Colorado has expressly consented to cooperating in the taking and completing of any test or tests of breath or blood to determine or estimate his or her blood alcohol content (“BAC”) if directed by a law enforcement officer who has probable cause to believe the person was driving under the influence or impaired as defined in C.R.S. § 42-4-1031. As such, in situations where alcohol may be involved an officer is required to have probable cause to request a driver to submit to a breath or blood test for BAC. The standard of “probable cause to require a test” is defined as an officer's belief “the person was driving a motor vehicle” while under the influence of alcohol or drugs. See C.R.S. § 42-4-1301.1(2)(a)(I). …show more content…

If there is no indication, for example, that an individual has driven recklessly or caused a car crash, and the officer at the scene has not observed any common signs of intoxication such as slurred speech, unsteady walk, or inability to understand, then there would be no probable cause. Case law has determined, simply noticing an odor of alcohol is not enough for probable cause. There must be some other indication for probable cause to require such a test as mandated by the Express Consent law. See People v. Roybal, 655 P.2d 410 (Colo. 1980). In People v. Roybal, the court ruled that where there is an absence of any indication that the defendant was at fault in causing the collision, than the police lacked the requisite probable cause to administer a

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