Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. William Paul Simpson, Defendant-Appellee

April 17, 2017392 P.3d 1207

Summary

The court held that driving in Colorado constituted prior consent under the Expressed Consent Statute to a blood draw requested by an officer with probable cause to suspect impaired driving. Because that statutory consent satisfied the Fourth Amendment consent exception, the trial court should not have evaluated whether Simpson's contemporaneous consent was voluntary, and the warrantless blood draw was constitutional. Justice Eid, concurring in the judgment, would not join the majority's reasoning and concurred only in the result.