People v. Roybal
In People v. Roybal, 655 P.2d 410, 413 (Colo. 1982), the issue was whether the police had probable cause to arrest defendant after a collision, when there was no evidence that defendant's misconduct caused the collision. 655 P.2d at 413.
An officer testified that he did not observe any common signs of intoxication in defendant's speech, walk, and ability to understand. Id.
The only evidence of defendant's intoxication was that an accident took place, defendant drove one of the vehicles involved, and his breath smelled of alcohol. Id.
The Colorado Supreme Court held that in the absence of any indication that defendant was at fault in causing the collision, the police did not have probable cause to administer a blood test. Id.