Colorado v. Maxwell
Annotate this CaseIn 2015, defendant Depree Maxwell was involved in a car crash. Responding police officers observed that Maxwell appeared to be intoxicated. Maxwell was unable to provide his driver’s license or proof of insurance, and he admitted to having consumed a few shots of vodka prior to the crash. He attempted to perform voluntary roadside sobriety maneuvers, but failed. One of the officers arrested Maxwell for driving under the influence of alcohol (“DUI”). Maxwell refused to submit to either a blood or breath test as required by the Expressed Consent Statute, 42-4-1301.1, C.R.S. (2016). Before trial, Maxwell filed a motion to declare section 42-4-1301(6)(d) unconstitutional on its face and as applied. The trial court rejected Maxwell’s facial challenge, but it granted Maxwell’s motion with respect to the as-applied challenge, essentially precluding the State from introducing evidence of Maxwell’s refusal to consent to the blood or breath test in order to establish guilt. The Colorado Supreme Court held that per Fitzgerald v. Colorado, 2017 CO 26 (2017), the prosecution’s use of a defendant’s refusal to consent to a blood or breath test as evidence of guilt does not violate the Fourth Amendment. Given the holding in “Fitzgerald,” Maxwell’s as-applied challenge to the statute failed, and the trial court’s order reversed.
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