(1) (a) 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 this conduct is the proximate cause of the unlawful termination of the pregnancy of a woman, such person commits aggravated vehicular unlawful termination of pregnancy. This is a strict liability crime.
(b) As used in this subsection (1):
(I) 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.
(II) One or more drugs means all substances defined as a drug in section
12-280-103 (16), and all controlled substances defined in section 18-18-102 (5), and
glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor or vapors
as defined in section 18-18-412.
(c) The fact that a 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).
(2) Aggravated vehicular unlawful termination of pregnancy, in violation of
paragraph (a) of subsection (1) of this section, is a class 4 felony.
(3) 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, shall give rise to the following presumptions:
(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 grams 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 grams 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, it shall be presumed that the defendant was under
the influence of alcohol.
(4) The limitations of subsection (3) 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.
(5) (a) If a law enforcement officer has probable cause to believe that a
person was driving a motor vehicle in violation of paragraph (a) of subsection (1) of
this section, the person, upon the request of the law enforcement officer, shall take
and complete, and cooperate in completing, any test or tests of the person’s blood,
breath, saliva, or urine for the purpose of determining the alcohol 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,
complete, or cooperate in completing 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 a person refuses to take, complete,
or cooperate in taking or completing 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 or her 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
paragraph (a) 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 the testing. Strict compliance with the
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 the 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 the rules and regulations if the 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 section 25-3.5-203 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 in the blood. In any trial for a violation of subsection (1)(a) 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
so 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 (5) as a result of the
act of obtaining the specimens from any person if the specimens were obtained
according to the rules prescribed by the state board of health; except that this
subsection (5) does not relieve any such 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 or her blood or any drug content of his or her system
as provided in this subsection (5). 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 that 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 the provider that show the alcohol or drug
content of the person’s blood or any drug content within his or her 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 or her blood checked for carbon monoxide content and for the presence of
drugs, as prescribed by the department of public health and environment. Any
information obtained shall be made a part of the law enforcement officer’s accident
report.
(f) If a person refuses to take, complete, or cooperate in completing any test
or tests as provided in this subsection (5) and the person subsequently stands trial
for a violation of subsection (1)(a) of this section, the refusal to take, complete, or
cooperate with completing any test or tests shall be admissible into evidence at the
trial, and the person may not claim the privilege against self-incrimination with
regard to the admission of his or her refusal to take, complete, or cooperate with
completing any test or tests.
(g) Notwithstanding any provision of section 42-4-1301.1, C.R.S., concerning
requirements that 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.
(6) 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 or
her alcohol or drug level. This subsection (6) 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 (6)
shall preclude a defendant from offering evidence concerning the accuracy of
testing devices.
L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2188, § 2, effective July 1. L. 2018: (5)(d) and (5)(f) amended, (HB 18-1375), ch. 274, p. 1702, § 26, effective May 29. L. 2019: (5)(d) amended, (SB 19-242), ch. 396, p. 3527, § 12, effective May 31; (1)(b)(II) amended, (HB 19-1172), ch. 136, p. 1675, § 93, effective October 1.
