July 17, 2019

SB 16-132: Clarifying that DUI Test Results Are Not Public Information

On February 18, 2016, Sen. John Cooke and Rep. Mike Foote introduced SB 16-132Concerning Clarifying that Test Results Relating to Certain DUI Offenses are not Public Information. The bill was assigned to the Senate Judiciary Committee, where it passed with amendments and was referred to the Senate Committee of the Whole for Second Reading. The bill passed Second Reading with amendments and passed Third Reading. In the House, the bill was assigned to the Judiciary Committee.

This bill states that the database compiled by the Department of Public Heath and Environment containing personal information relating to the results of individuals’ breath alcohol content, and all other personal identifying information, are not public information. The Department shall disclose such information only to: (1) the individual who is the subject of the test, or his or her legal representative; (2) a named interested party in a civil or criminal action in which the test results are directly related, or his or her legal representative; (3) any prosecuting attorney, law enforcement officer, state agency, or state and local public official; or (4) the Department may release non-personal identifying information in accordance with C.R.S. § 24-72-101 through § 24-72-402.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

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