“If this had been allowed to stand, it could have invalidated every breath or blood test that a driver in Colorado provides as part of a DUI investigation, which would obviously have huge ramifications,” said Arapahoe County deputy district attorney Jennifer Gilbert, who handled all three appeals.
The three cases involved different elements 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.
