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People v. Montoya.

2024 CO 20. No. 22SC580. Rule of Completeness—DUI—Administrative Law—BAC Testing—Jury Question—Admissibility of Evidence—Appellate Jurisdiction—Abate Ab Initio.

April 15, 2024

The Supreme Court held that criminal DUI trials are governed by the same evidentiary rules as any other criminal trial. Accordingly, criminal courts are not bound by the law of refusal that governs administrative, driver’s license revocation hearings. So, if a driver initially refuses blood or breath testing under Colorado’s expressed consent statute but later requests testing, criminal trial courts should consider whether the proffered evidence of refusal or recantation is admissible under the Colorado Rules of Evidence. The Court also concluded that, under the circumstances here, the district court misapplied CRE 106 and therefore erred by admitting evidence of Montoya’s refusal to submit to testing and excluding evidence of his subsequent request for testing.

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