People v. Smith

The substantive issue in this appeal is whether the express consent statute, section 42-4-1301.1, C.R.S. (2010), and the parallel express consent provision in the vehicular assault statute, section 18-8-205(4)(a), C.R.S. (2010), require a police officer to request a driver's cooperation in the completion of a blood sample test before ordering involuntary testing. The majority claims it "cannot reasonably interpret" the statutory scheme to require a police officer to request a driver's cooperation in performing a blood draw. Maj. op. at 1162. I respectfully disagree.

The plain language of both…