(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.
(b) (I) If a person operates or drives a motor vehicle while under the influence
of alcohol or one or more drugs, or a combination of both alcohol and one or more
drugs, and such conduct is the proximate cause of the death of another, such
person commits vehicular homicide. This is a strict liability crime.
(I.5) If a person operates or drives a motor vehicle while the person’s ability is
impaired by alcohol or one or more drugs, or a combination of both alcohol and one
or more drugs, and such conduct is the proximate cause of the death of another, the
person commits the crime of vehicular homicide.
(II) For the purposes of this subsection (1), one or more drugs means any
drug, as defined in section 27-80-203 (13), C.R.S., any controlled substance, as
defined in section 18-18-102 (5), and any inhaled glue, aerosol, or other toxic vapor
or vapors, as defined in section 18-18-412.
(III) The fact that any person charged with a violation of this subsection (1) is
or has been entitled to use one or more drugs under the laws of this state shall not
constitute a defense against any charge of violating this subsection (1).
(IV) Driving under the influence means driving a vehicle when a person has
consumed alcohol or one or more drugs, or a combination of alcohol and one or
more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined
with one or more drugs affect such person to a degree that such person is
substantially incapable, either mentally or physically, or both mentally and
physically, of exercising clear judgment, sufficient physical control, or due care in
the safe operation of a vehicle.
(V) Driving while ability impaired means driving a motor vehicle or vehicle
when a person has consumed alcohol or one or more drugs, or a combination of
both alcohol or one or more drugs, that affects the person to the slightest degree
so that the person is less able than the person ordinarily would have been, either
mentally or physically, or both mentally and physically, to exercise clear judgment,
sufficient physical control, or due care in the safe operation of a motor vehicle or
vehicle.
(c) Vehicular homicide, in violation of subsection (1)(b)(I.5) of this section, is a
class 4 felony. Vehicular homicide, in violation of subsection (1)(a) of this section, is
a class 4 felony. Vehicular homicide, in violation of subsection (1)(b)(I) of this
section, is a class 3 felony.
(2) In any prosecution for a violation of subsection (1) of this section, the
amount of alcohol in the defendant’s blood or breath at the time of the commission
of the alleged offense, or within a reasonable time thereafter, as shown by analysis
of the defendant’s blood or breath, gives rise to the following:
(a) If there was at such time 0.05 or less grams of alcohol per one hundred
milliliters of blood, or if there was at such time 0.05 or less grams of alcohol per
two hundred ten liters of breath, it shall be presumed that the defendant was not
under the influence of alcohol.
(b) If there was at such time in excess of 0.05 but less than 0.08 grams of
alcohol per one hundred milliliters of blood, or if there was at such time in excess of
0.05 but less than 0.08 grams of alcohol per two hundred ten liters of breath, such
fact may be considered with other competent evidence in determining whether or
not the defendant was under the influence of alcohol.
(c) If there was at such time 0.08 or more grams of alcohol per one hundred
milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per
two hundred ten liters of breath, such fact gives rise to the permissible inference
that the defendant was under the influence of alcohol.
(d) If at such time the driver’s blood contained five nanograms or more of
delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of
the defendant’s blood, such fact gives rise to a permissible inference that the
defendant was under the influence of one or more drugs.
(3) The limitations of subsection (2) of this section shall not be construed as
limiting the introduction, reception, or consideration of any other competent
evidence bearing upon the question of whether or not the defendant was under the
influence of alcohol.
(4) (a) If a law enforcement officer has probable cause to believe that any
person was driving a motor vehicle in violation of paragraph (b) of subsection (1) of
this section, the person, upon the request of the law enforcement officer, shall take,
and complete, and cooperate in the completing of any test or tests of the person’s
blood, breath, saliva, or urine for the purpose of determining the alcoholic or drug
content within his or her system. The type of test or tests shall be determined by
the law enforcement officer requiring the test or tests. If the person refuses to
take, or to complete, or to cooperate in the completing of any test or tests, the test
or tests may be performed at the direction of a law enforcement officer having
probable cause, without the person’s authorization or consent. If any person refuses
to take or complete, or cooperate in the taking or completing of any test or tests
required by this paragraph (a), the person shall be subject to license revocation
pursuant to the provisions of section 42-2-126 (3), C.R.S. When the test or tests
show that the amount of alcohol in a person’s blood was in violation of the limits
provided for in section 42-2-126 (3)(a), (3)(b), (3)(d), or (3)(e), C.R.S., the person shall
be subject to license revocation pursuant to the provisions of section 42-2-126,
C.R.S.
(b) Any person who is required to submit to testing shall cooperate with the
person authorized to obtain specimens of his blood, breath, saliva, or urine,
including the signing of any release or consent forms required by any person,
hospital, clinic, or association authorized to obtain such specimens. If such person
does not cooperate with the person, hospital, clinic, or association authorized to
obtain such specimens, including the signing of any release or consent forms, such
noncooperation shall be considered a refusal to submit to testing.
(c) The tests shall be administered at the direction of a law enforcement
officer having probable cause to believe that the person committed a violation of
subparagraph (I) of paragraph (b) of subsection (1) of this section and in accordance
with rules and regulations prescribed by the state board of health concerning the
health of the person being tested and the accuracy of such testing. Strict
compliance with such rules and regulations shall not be a prerequisite to the
admissibility of test results at trial unless the court finds that the extent of
noncompliance with a board of health rule has so impaired the validity and
reliability of the testing method and the test results as to render the evidence
inadmissible. In all other circumstances, failure to strictly comply with such rules
and regulations shall only be considered in the weight to be given to the test results
and not to the admissibility of such test results. It shall not be a prerequisite to the
admissibility of test results at trial that the prosecution present testimony
concerning the composition of any kit used to obtain blood, urine, saliva, or breath
specimens. A sufficient evidentiary foundation concerning the compliance of such
kits with the rules and regulations of the department of public health and
environment shall be established by the introduction of a copy of the
manufacturer’s or supplier’s certificate of compliance with such rules and
regulations if such certificate specifies the contents, sterility, chemical makeup,
and amounts of chemicals contained in such kit.
(d) No person except a physician, a registered nurse, an emergency medical
service provider certified or licensed under part 2 of article 3.5 of title 25 who is
authorized within his or her scope of practice to draw blood, or a person whose
normal duties include withdrawing blood samples under the supervision of a
physician or registered nurse may withdraw blood for the purpose of determining
the alcohol or drug content of the blood for purposes of this section. In a trial for a
violation of subsection (1)(b) of this section, testimony of a law enforcement officer
that the officer witnessed the taking of a blood specimen by a person who the
officer reasonably believed was authorized to withdraw blood specimens is
sufficient evidence that the person was authorized, and testimony from the person
who obtained the blood specimens concerning the person’s authorization to obtain
blood specimens is not a prerequisite to the admissibility of test results concerning
the blood specimens obtained. Civil liability does not attach to any person
authorized to obtain blood, breath, saliva, or urine specimens or to any hospital,
clinic, or association in or for which the specimens are obtained pursuant to this
subsection (4) as a result of the act of obtaining the specimens from a person if the
specimens were obtained according to the rules prescribed by the state board of
health; except that this subsection (4)(d) does not relieve the person from liability
for negligence in obtaining any specimen sample.
(e) Any person who is dead or unconscious shall be tested to determine the
alcohol or drug content of his blood or any drug content of his system as provided
in this subsection (4). If a test cannot be administered to a person who is
unconscious, hospitalized, or undergoing medical treatment because the test would
endanger the person’s life or health, the law enforcement agency shall be allowed
to test any blood, urine, or saliva which was obtained and not utilized by a health-care provider and shall have access to that portion of the analysis and results of
any tests administered by such provider which shows the alcohol or drug content of
the person’s blood or any drug content within his system. Such test results shall not
be considered privileged communications and the provisions of section 13-90-107,
C.R.S., relating to the physician-patient privilege shall not apply. Any person who is
dead, in addition to the tests prescribed, shall also have his blood checked for
carbon monoxide content and for the presence of drugs, as prescribed by the
department of public health and environment. Such information obtained shall be
made a part of the accident report.
(f) If a person refuses to take, or to complete, or to cooperate in the
completing of any test or tests as provided in this subsection (4) and such person
subsequently stands trial for a violation of subsection (1)(b) of this section, the
refusal to take or to complete, or to cooperate with the completing of any test or
tests shall be admissible into evidence at the trial, and a person may not claim the
privilege against self-incrimination with regard to the admission of his refusal to
take, or to complete, or to cooperate with the completing of any test or tests.
(g) Notwithstanding any provision in section 42-4-1301.1, C.R.S., concerning
requirements which relate to the manner in which tests are administered, the test
or tests taken pursuant to the provisions of this section may be used for the
purposes of driver’s license revocation proceedings under section 42-2-126, C.R.S.,
and for the purposes of prosecutions for violations of section 42-4-1301 (1) or (2),
C.R.S.
(5) In all actions, suits, and judicial proceedings in any court of this state
concerning alcohol-related or drug-related traffic offenses, the court shall take
judicial notice of methods of testing a person’s alcohol or drug level and of the
design and operation of devices, as certified by the department of public health and
environment, for testing a person’s blood, breath, saliva, or urine to determine his
alcohol or drug level. This subsection (5) shall not prevent the necessity of
establishing during a trial that the testing devices used were working properly and
that such testing devices were properly operated. Nothing in this subsection (5)
shall preclude a defendant from offering evidence concerning the accuracy of
testing devices.
(2) For the legislative declaration contained in the 1994 act amending
subsections (4)(c), (4)(e), and (5), see section 1 of chapter 345, Session Laws of
Colorado 1994.
L. 71: R&RE, p. 419, § 1. C.R.S. 1963: § 40-3-106. L. 75: Entire section amended, p. 624, § 1, effective June 26. L. 77: (1) R&RE, p. 960, § 8, effective July 1. L. 81: (1)(b) amended, p. 1992, § 4, effective June 19. L. 83: (4) added, p. 1648, § 17, effective July 1. L. 88: IP(2) amended, p. 1365, § 5, effective July 1. L. 89: (1)(b), (2), and (3) amended, (4) R&RE, and (5) added, pp. 893, 894, §§ 1, 2, effective July 1. L. 93: (1) amended, p. 1986, § 14, effective July 1; (1)(b)(II) amended, p. 1731, § 13, effective July 1. L. 94: (4)(c), (4)(e), and (5) amended, p. 2733, § 356, effective July 1; (4)(a) and (4)(g) amended, p. 2551, § 40, effective January 1, 1995. L. 97: (4)(a) amended, p. 1470, § 18, effective July 1. L. 2002: (4)(g) amended, p. 1915, § 4, effective July 1. L. 2004: (2)(b) and (2)(c) amended, p. 781, § 3, effective July 1. L. 2008: (4)(a) amended, p. 243, § 3, effective July 1. L. 2012: (1)(b)(II) amended, (HB 12-1311), ch. 281, p. 1618, § 38, effective July 1; (4)(d) amended, (HB 12-1059), ch. 271, p. 1434, § 12, effective July 1. L. 2013: (1)(b)(II), IP(2), and (2)(c) amended and (2)(d) added, (HB 13-1325), ch. 331, p. 1878, § 2, effective May 28. L. 2019: (4)(d) amended, (SB 19-242), ch. 396, p. 3526, § 10, effective May 31. L. 2021: (1)(b)(I.5) and (1)(b)(V) added and (1)(c) amended, (SB 21-271), ch. 462, p. 3172, § 193, effective March 1, 2022.
Amendments to subsection (1) in House Bill 93-1302 and House Bill 93-1088 were harmonized.
(1) For penalties for driving under the influence of intoxicating liquor, see § 42-4-1301.
