Articles Posted in Chemical Testing

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The Colorado Supreme Court recently upheld the state’s expressed consent statute in three consolidated DUI cases in which warrantless blood draw evidence was suppressed by the trial court. The cases dealt with various elements of the expressed consent law.

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Colorado’s expressed consent statute states that any driver on Colorado roads automatically consents to take a breath or blood test when asked to do so by an officer with probable cause that the driver is intoxicated.

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The Minnesota Supreme Court recently held the Fourth Amendment requires law enforcement to secure a warrant before requiring its citizens to submit to a blood or urine test, meaning Minnesotans can now lawfully refuse such a search when law enforcement doesn’t have a warrant. The Minnesota ACLU heralded the decision.

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Late one evening in April 2012, an Owatonna police officer watched patrons leaving a bar at closing time. The officer saw a vehicle, which police later determined appellant Thompson was driving, jump the curb and then stop quickly before reversing and leaving the parking lot. As the vehicle turned onto the street outside the bar, it cut the corner short and crossed the center line. The officer initiated a traffic stop.

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