Cherry Creek Schools bus driver, Rodolfo Luna, was arrested on Wednesday for suspicion of DUI. The DUI investigation began when a citizen reported seeing Luna throwing away alcohol bottles while on a field trip with middle school age special needs students. Luna drove the students back to Liberty Middle School. School security told Luna to stay at the school for questioning, but Luna did not stay at the school and was ultimately contacted by security driving in the area of South Buckley Road and East Peakview Avenue. Luna was immediately taken to the hospital for a drug and alcohol test. The Arapahoe County Sheriff’s Department was contacted and took over the investigation.
Luna agreed to perform voluntary roadside maneuvers, but failed to perform them as a sober person. Luna also admitted to taking cold medicine and drinking vodka before driving the school bus. Luna was ultimately arrested and charged with a DUI, child abuse and reckless endangerment. Luna is currently being held on a $1,000 bond at the Arapahoe County jail.
Luna was subject to a blood test based on district policy. In most instances, law enforcement cannot force a blood draw. Forced blood draws are often referred to as a felony blood draw because only serious crimes, such as vehicular homicide, give law enforcement the right to force a person to submit to a blood draw. In most cases, the driver has the option between a blood or a breath test. If the driver refuses a chemical test altogether, then the driver loses his/her license for an extended period of time and the fact that he/she refused can be used against the driver at the DUI trial. Law enforcement must offer the choice of test and, with rare exception, must also honor the choice of test by the driver. This means that if the driver picks a breath test, then law enforcement should administer a breath test. If the driver’s choice if test is not honored, there could be consequences such as suppression of the test results, meaning the prosecution cannot use the test results as evidence against the driver. For these reasons, it is important to know whether the police properly asked for and administered the bloo or breath test.
Source: Denver Post, Ryan Marker, 11/21/13