A new court order from an El Paso County Judge says Colorado Springs Police violated a driver’s statutory rights as officers weren’t using breathalyzer tests during the pandemic — now, more than 1,000 DUI cases could be impacted, according to local defense attorneys.
In March 2020, CSPD suspended alcohol breath testing when pulling people over who were under suspicion for driving under the influence. The department stopped DUI breath testing to prevent the spread of COVID-19.
When a driver is pulled over by a Colorado police officer state law allows the driver to refuse a blood alcohol test or provides them the option of a breath test or blood test.
“The express consent law in Colorado allows a motorist to elect between a blood or breath test,” Colorado Springs defense attorney Joe Maher said.