Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Oliver Benton Hyde, Defendant-Appellee

April 17, 2017393 P.3d 962

Summary

The court held that an unconscious driver's warrantless blood draw was constitutional because driving in Colorado constitutes statutory consent to blood testing when police have probable cause to suspect DUI. The court also rejected the driver's equal-protection challenge, applying rational-basis review to the distinction between conscious and unconscious drivers. Justice Eid, joined by the Chief Justice and Justice Coats, concurred in the judgment but would have relied more broadly on the statutory implied-consent rationale.