For the first time, the Colorado Court of Appeals held that the state’s Supreme Court decision that “there is no constitutional right to refuse a blood-alcohol test” also applies to conscious drivers who refuse to take a blood-alcohol test when a law enforcement officer has probable cause to suspect that they committed vehicular homicide.

The court denied Christopher Oneil Tarr’s appeal in his conviction for second-degree murder, attempted second-degree murder, driving under the influence, reckless driving and careless driving on Feb. 24. Tarr challenged the convictions and said the court erred in denying his motion to suppress the results of his BAC tests, according to court records.