Breathalyzers and blood alcohol tests

The legal standard throughout Colorado and America in general is that a person is innocent until and unless proven guilty. The presumption of innocence is a constiuationally-guaranteed right of all Americans, and while this is a noble concept, it is unfortunately...

Blood alcohol tests and express consent

Every morning thousands of drivers start their day just like you. They get into  and start their car, pull onto the road, and head toward their particular destination. Presumably these individuals have a driver’s license and know how to drive, but this is...

Blood alcohol tests and questionable machines

When it comes to determining the innocence or guilt of an individual, a Colorado judge must consider the evidence presented by the prosecutor. In turn, the prosecutor must rely upon law enforcement personnel to collect this evidence in a proper manner. Finally, law...

More clarity now on warrantless blood draws? P.2

In our last post, we briefly discussed a recent U.S. Supreme Court decision to not hear an appeal out of Colorado which sought clarity on a previous Supreme Court ruling which refused to recognize an automatic exception to the general warrant requirement where...

More clarity now on warrantless blood draws? P.1

The Supreme Court will apparently not be hearing an appeal in a case involving a Colorado man who was arrested in 2012 and forced to submit to a warrantless blood draw after he caused an intersection crash. At trial, the man was able to have the blood test excluded...
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