CAIN v. PEOPLE

Supreme Court Case No. 12SC299

327 P.3d 249 (2014)

2014 CO 49

Peter Gregory CAIN, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado.

As Modified July 2, 2014.


Attorney(s) appearing for the Case

Douglas K. Wilson , Public Defender Ari Krichiver , Deputy Public Defender Brighton, Colorado, Attorneys for Petitioner.

Dave Young , District Attorney, Seventeenth Judicial District, Michael J. Milne , Senior Deputy District Attorney, Brighton, Colorado, Attorneys for Respondent.

Nancy C. Johnson , Attorney-at-Law, Nancy C. Johnson , Lakewood, Colorado, The Law Firm of Abraham Hutt, PC, Abraham V. Hutt , Denver, Colorado, Attorney for Amicus Curiae The Colorado Criminal Defense Bar.

En Banc


JUSTICE BOATRIGHT delivered the Opinion of the Court.

¶ 1 In this appeal, we consider whether the results of a preliminary breath test ("PBT") for blood alcohol content are admissible for impeachment purposes. While it is clear that when the defendant is charged with driving either while under the influence of alcohol ("DUI") or while ability impaired by alcohol ("DWAI"), the results of the PBT may not be used as evidence...

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