Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Arnold Wehmas, Respondent

January 18, 2011246 P.3d 642

Summary

The court held that Colorado DUI is a sufficiently grave, jailable offense to support a warrantless home entry when exigent circumstances otherwise exist. It nevertheless held that the gradual dissipation of blood alcohol evidence did not create an exigency on these facts, because the officers had time to obtain a warrant and could not show an immediate risk of evidence destruction. Justice Eid, joined by Justice Coats, concurred in part and dissented in part, arguing that the case should be remanded for a properly conducted exigency analysis.