Glenn Turbyne v. the People of the State of Colorado

Summary

The court held that extraordinary circumstances beyond the arresting officer’s control excused the police department’s inability to complete the blood test Turbyne selected, so dismissal of the charges was an abuse of discretion. The court nevertheless ordered suppression of the breath-test results because the officer falsely and coercively advised Turbyne that refusing an alternative breath test could result in license revocation. Justice MARTINEZ, dissenting, would have affirmed dismissal because the prosecution failed to establish exceptional circumstances legally excusing the state’s failure to provide the selected blood test.