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 that it may support warrantless entry into a home when exigent circumstances otherwise exist. It nevertheless affirmed suppression because the gradual dissipation of blood-alcohol content, coupled with the circumstances known to the officers, did not create a sufficiently immediate risk of evidence destruction, and the prosecution did not show that obtaining a warrant or securing the apartment was impracticable. Justice Eid, joined by Justice Coats, concurred in part and dissented in part, agreeing that DUI was sufficiently grave but would have remanded for a renewed exigency analysis.