Daniel Fitzgerald, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that admitting a DUI defendant’s refusal to submit to blood or breath testing as evidence of guilt under Colorado’s Expressed Consent Statute does not violate the Fourth Amendment. Because no search occurred and the statute does not criminalize refusal, the evidentiary consequence does not impermissibly burden the defendant’s constitutional protection against unreasonable searches. Justice Eid, concurring in the judgment, would concur only for the reasons stated in a separate decision.