Cain v. People
327 P.3d 249
Colo.2014Background
- Cain stopped for signaling/stop-sign violation; beer case found in truck bed; Cain claimed no drinking and planned to testify about spill and hearing impairment in eyes; Cain submitted to a PBT 0.075 indicating presence of alcohol; Cain arrested for DUI after refusing further tests; People charged Cain with DUI and traffic offenses; county court ruled PBT results admissible only if Cain testified he had not been drinking, creating a door-opening condition; Cain elected not to testify after Curtis advisement; district court affirmed; Supreme Court granted certiorari to resolve admissibility of PBT for impeachment and remand for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PBT results are admissible for impeachment at trial. | People: door-opening exception allows impeachment. | Cain: statute precludes impeachment use of PBT at trial. | No impeachment exception; PBT results not admissible at trial. |
| How 42-4-1801(6)(i)(III) should be interpreted regarding admissibility. | People: there are exceptions to the bar. | Cain: plain language excludes impeachment use. | Statute's plain language restricts use to probable-cause hearings only; no trial impeachment use. |
| Does the county court’s ruling infringe Cain's right to testify and require a new trial? | Cain: ruling burdens right to testify by forcing choice. | Cain: decision limited testimony without justification. | Error not harmless; requires a new trial. |
Key Cases Cited
- People v. Curtis, 681 P.2d 504 (Colo.1984) (Curtis advisement on testifying and opening the door to impeachment evidence)
- Harris v. New York, 401 U.S. 222 (Supreme Court 1971) (impeachment use of unwarned statements under a Miranda framework)
- People v. Rueda, 649 P.2d 1106 (Colo.1982) (probable cause hearing standard differs from guilt finding)
- Evans, 630 P.2d 94 (Colo.App.1981) (protects right to testify where admissible evidence would penalize testimony)
- Tenorio, 590 P.2d 952 (Colo.1979) (opening-the-door principle in Colorado context)
- Renfro, 117 P.3d 43 (Colo.App.2004) (bolstering and opening-the-door principles in Colorado)
- Braley, 879 P.2d 410 (Colo.App.1993) (investigation-related evidence and impeachment concepts)