December 19, 2014

Colorado Supreme Court: Preliminary Breath Test Results Cannot Be Used for Impeachment

The Colorado Supreme Court issued its opinion in Cain v. People on Monday, June 16, 2014.

Evidence—CRS § 42-4-1301.

The Supreme Court considered whether the results of a preliminary breath test (PBT) for blood alcohol content are admissible for impeachment purposes. The Court held that under CRS § 42-4-1301, the PBT results may not be used as evidence in any court action except as specifically provided in the statute itself. Thus, PBT results may not be used as impeachment evidence because the statute does not allow for using the results for such a purpose. The district court’s order was reversed and the case was remanded.

Summary and full case available here.

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