Prosecutors in Arapahoe County recently petitioned the U.S. Supreme Court to review a driving under the influence (DUI) case heard by a state judge and reviewed by the Colorado Supreme Court, according to an article in the CT Post.
The case involves a 2012 traffic accident in which a driver was given a blood test without his consent and without the police first obtaining a warrant to draw the driver’s blood. The test results said that the driver’s blood alcohol concentration (BAC) was nearly three times the legal limit of 0.08 percent.
The legal challenge involves the question of whether the police were allowed to take the blood draw without a warrant approved by a judge. If the blood test was not allowed without a warrant, then its results cannot be brought into court. If the blood test was allowed without a warrant, however, it would expand the number of situations in which police are not required to get a warrant before collecting evidence and presenting it against a defendant in court.
Thirteen states have filed a petition asking the U.S. Supreme Court to hear the case and issue a decision. If the Court finds that a warrant is not required in order to take a blood sample in DUI cases, the Court’s decision could change how DUI cases are treated in a number of states.
At The Bussey Law Firm, P.C., our experienced Colorado Springs criminal defense attorneys fight to protect the legal rights of every client we represent while also seeking the best possible outcome in the case. Contact us today to learn more.