The People of the State of Colorado v. Rodger Null, Defendant—appellee

Summary

The court affirmed suppression of the defendant’s incriminating statements because the roadside detention had become custodial interrogation before Miranda warnings were given. It also held that the prosecution failed to prove extraordinary or non-routine circumstances excusing law enforcement’s failure to provide the blood test the defendant selected, and therefore affirmed suppression of his refusal to take a breath test and dismissal of the DUI charge. Justice Eid and Justice Hobbs separately concurred in part and dissented in part, principally disputing whether dismissal was premature or unwarranted without further inquiry into law-enforcement diligence and the circumstances of the failed blood draw.