drunk
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Appeals court says pandemic justified denying DUI breath test to driver
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Colorado Springs police were justified when, three months into the COVID-19 pandemic, they offered only a blood draw to a suspected drunk driver in lieu of a breath test, the state’s second-highest court has determined. Under Colorado law, a driver has expressed their consent to taking a blood or breath test when law enforcement has…
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State Supreme Court gives green light to prosecutors for charging DUI defendants anew
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One year after the Colorado Supreme Court laid down a new standard for prosecuting felony drunk driving cases and prompted the reversal of dozens of convictions, the justices have now clarified that prosecutors may, in fact, seek to try those defendants again for driving under the influence. It does not violate the constitutional protection against…
