I failed to stop at a stop sign and hit a boulder in the middle of a round a bout. I was taken to the hospital to be treated for my broken leg. While in the hospital on morphine I signed a consent form for the police to take blood to test for alcohol. Is that consent valid?
It depends. Did the officer advise you of the Expressed Consent Law in CO and the fact that you had the right to refuse to take any test? That if you refused to take a test and they believed that you were intoxicated, that your DL will be suspended for a year? We would have to look at the police reports and look at the specifics of your case to see if the officer had probable cause to suspect you of being intoxicated. Your question basically is whether morphine makes your consent to testing invalid. Not necessarily. You can make that argument to a judge as part of a motion through your attorney. However, it will depend on a number of factors - including what the medical staff said about the impact of the morphine on you at the time. Hire an attorney
This is a loaded question that cannot be accuratelt answered without reviewing all the evidence, reading all the reports, potentially interviewing witnesses and even cross-examining the officer regarding your mental and physical condition at the time of the consent. Bottom line is that you need the best DUI defense attorney you can afford to represent you. Without an attorney, your options are severely limited.
Mr. Leroi gives great guidance and I'd like to offer some additional insights. It seems clear that your test result came back in either the impaired or intoxicated range which is why you are asking the question that you are. Perhaps I am wrong, but I will operate ont aht premise. The law in Colorado makes it clear that you must submite to a test of your either your blood or breath when a police officer has probable cause to believe that you have committed an alcohol-related driving offense. Intoxication, whether caused by morphine or alcohol, is not a defense that works when you are challenging the nature of your consent. You must review the police reports to understand exactl what the authorities have written about your case. Understand that even if you were successful and were able to have the blood result thrown out because of an invalid consent, the government can still prosecute you for an alcohol-related driving offense een without a result, as the indicia of alcohol are enough for a conviction. Bad driving (a crash), the likely odor of alcohol, bloodshot watery eyes, slurred speech, etc. are all signs that prosecutors look for when taking DUI cases to trial. Consult with a criminal defense immeidately to fully understand your possibilities -- such as Mr. Leroi!
Best of luck to you.
Usually they are valid and may be very hard to invalidate.
Never consent to warrantless searches or consent to giving police evidence. Refusing a breathalyzer may been the officer asks for a blood test. Don't consent to any tests blood, breath or urine. The officer may obtain a warrant but it could be very difficult.
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