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PEOPLE v. MONTOYA

Supreme Court Case No. 22SC580.

546 P.3d 605 (2024)

2024 CO 20

The PEOPLE of the State of Colorado, Petitioner, v. Glen Gary MONTOYA, Respondent.

Supreme Court of Colorado.

April 15, 2024.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Philip J. Weiser , Attorney General, Brenna A. Brackett , Assistant Attorney General, Denver, Colorado.

Attorneys for Respondent: Megan A. Ring , Public Defender, Mackenzie R. Shields , Deputy Public Defender, Denver, Colorado.

JUSTICE HOOD delivered the Opinion of the Court, in which JUSTICE MÁRQUEZ, JUSTICE GABRIEL, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.

¶1 Glen Gary Montoya was arrested on suspicion of driving under the influence ("DUI"). He agreed to submit to a blood test, but later refused to allow a nurse to draw his blood. After the nurse left, he claimed to have changed his mind and asked to take the test. No draw occurred. At trial, the...

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