People v. Reynolds, 895 P.2d 1059 (Colo. 1995)
In People v. Reynolds, the defendant was involved in car accident in Yuma County Colorado. According to the defendant, he was driving his pickup truck when it struck a guardrail and caught fire. The defendant and the passenger in the car escaped and were transported to the hospital for treatment for non-life threatening injuries. While he was being treated in the emergency room, the defendant was interviewed by the police. The police asked if he had been drinking, and the defendant indicated that he had three beers more than six hours before the accident. The police then obtained a blood sample from the defendant without his consent. The blood test revealed that the defendant’s blood alcohol content was above the legal limit. Reynolds was then charged with driving under the influence.
At trial, Reynolds moved to suppress the results of the blood test on the grounds that the police lacked probable cause to compel the test. The trial court granted the defendant’s motion and suppressed the results of the blood test. The prosecution appealed.
On appeal, the Colorado Supreme Court held that the police did not have probable cause to arrest the defendant and compel a blood test. The court reasoned that in order to establish probable cause the police must have evidence that defendant is or has exhibited clear signs of intoxication. However, without any additional evidence, a simple admission that alcohol had been consumed hours earlier is insufficient to establish probable cause. Thus, where the police have an admission of drinking and an accident that is the defendant’s fault, probable cause does not exist. In addition to these factors, there must be physical symptoms consistent with intoxication in order to support a finding of probable cause to arrest for DUI.
The significance of the Reynolds decision is obvious. In order to have a lawful arrest for DUI the police must have evidence that the defendant is or has exhibited physical symptoms of intoxication such as poor balance, blood shot or watery eyes, slurred speech, or failure of field sobriety tests. Without more, an admission of drinking and even an accident do not justify an arrest and any evidence obtained as a result of an unlawful arrest must be suppressed.
