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

Summary

The court held that admitting a driver’s refusal to submit to a blood or breath test as evidence of guilt under Colorado’s expressed-consent statute does not violate the Fourth Amendment. Because no search occurred and the statutory evidentiary consequence did not impermissibly penalize a constitutional right, the court affirmed the district court’s judgment. Justice Eid, joined by Chief Justice Rice and Justice Coats, concurred only in the judgment and relied on reasoning stated in a separate opinion.