DUI Test Bill Going to Governor

Senate Bill 154, which will require drivers suspected of DUI to take a different chemical test from the one they choose if an officer is unable to administer the original choice of test, has been approved by the General Assembly and is expected to be signed by Governor Ritter. Current Colorado law requires that, if a driver suspected of DUI elects a specific chemical test of his/her blood or breath, then that test must be administered. Under the new law, if a driver elects a specific test that cannot be administered through no fault of law enforcement, an officer can require the driver to complete a different type of test--refusal to complete the substitute test would result in a one-year suspension of the driver's license. This bill was introduced following the Supreme Court's ruling earlier this year in Turbyne v. People, discussed below.