CO: Statutory driver consent to testing can be revoked

Statutory consent to breath or blood test by driving can be revoked. Tarr v. People, 2024 CO 37, 2024 Colo. LEXIS 461 (June 3, 2024):

The Supreme Court holds that a driver can revoke consent otherwise given under Colorado’s Expressed Consent Statute. While every driver in the state is “deemed” to have consented to take a breath or blood test to determine alcohol levels simply by getting behind the wheel of a vehicle, § 42-4-1301.1(1), (2)(a)(1), C.R.S. (2023), the law is silent as to whether drivers can revoke that consent.

The court holds that a driver can revoke statutory consent and that after consent is revoked the police should obtain a warrant before performing any blood draws. Because the police did not have a warrant before Tarr’s blood was drawn, the results from those blood draws are inadmissible unless one of the exceptions to the exclusionary rule applies. The case is reversed and remanded for consideration of any outstanding arguments concerning the admissibility of the evidence.

This entry was posted in Consent. Bookmark the permalink.

Comments are closed.