Colorado Supreme Court Affirms United States Supreme Court Ruling on Forced Blood Draws

In 2013, the United States Supreme Court issue an opinion drastically impacting law enforcement’s investigation of DUIs and specifically vehicular assault and vehicular homicide cases. The opinion stated that it was a violation of the Fourth Amendment for law enforcement to force a blood draw on a person to determine alcohol or drug consumption without a warrant or a valid warrant exception. Before this opinion, there were many laws, including law in Colorado, which stated that law enforcement could force a warrantless blood draw to determine alcohol or drug consumption as long as certain factors existed, such as an accident involving serious bodily injury or death. As a result of the United States Supreme Court opinion, a law enforcement officer now must first obtain a warrant before forcing a blood draw or show that, based upon the totality of the situation, exigent circumstances that would prevent the officer from obtaining a warrant.

Subsequent to the opinion issued by the United States Supreme Court, an appeal went to the Supreme Court of the State of Colorado. In that appeal, the Arapahoe County District Attorney’s Office asked the court to adopt a rule where the existence of exigent circumstances would be based solely upon the length of time required to secure a search warrant, instead of the totality of the situation. This rule would allow law enforcement to simply “assume” there was not enough time to obtain a warrant and then have cause justification to perform a warrantless blood draw.

The Colorado Supreme Court refused to adopt this rule. The court held it was bound to follow the rule set by the United States Supreme Court and, therefore, the proper analysis for determining whether exigent circumstances exist is only done by considering the totality of the circumstances, not simply the amount of time required to obtain a warrant.

This ruling provides substantial protection for people suspected of committing alcohol related driving offenses. It is important for people suspected of these offenses to seek the assistance of an experienced Colorado DUI lawyer to help protect their rights. Contact Steven Louth Law Offices at (303)442-2297.

Posted in Blog, Boulder, Denver, DUI/DWAI


View Larger Map
507 Canyon Boulevard , Suite 105
Boulder , CO 80302

Monday-Friday 8:30 a.m. – 5:30 p.m.
By appointment 303.442.2297
303.938.1305
Contact Us
Get started today with a
Free Case Evaluation.
 
303.442.2297
Fill out the form below and we will contact you regarding your case within 24 hours.

Your Name:*

Your Email:*

Phone:

How Did You Find Us:

 

Preferred Method Of Contact:
Email Phone 

  I have read and agree to the Terms.*

How many fingers are on one hand? 

*Required Fields

          I couldn't be more satisfied with Steve Louth and his entire staff. Steve was able to resolve my case quickly and with a better outcome than I ever anticipated. Read More- J

          Steve was a wonderful lawyer. I cannot imagine how any lawyer could have been any more professional, understanding, and knowledgeable about the practice of law. Read More- A

Criminal Defense
Legal News Feed
 
Steven Louth Law Offices
Legal Videos
 
Connect With Us
On Social Networks