The chair of the Colorado House Local Government Committee, Rep. Laura Bradford, averted arrest recently by using her position as a legislator after being stopped by police for suspicion of driving under the influence. While Bradford may have avoided arrest, Colorado House Speaker Frank McNulty suspended Bradford from her position as committee chair until all of the facts regarding the incident are known.

Police officers stopped Bradford around 10:00 p.m., suspecting her of drunk driving, and claimed to smell alcohol on her breath. Bradford allegedly failed a roadside sobriety test, but police could not arrest Bradford because they claim she stated that she was on her way home from a legislative function and had to go to another one in the morning.

The Colorado Constitution specifically prohibits authorities from arresting state legislators when the legislature is in session if lawmakers are going to or from legislative events.

Instead of arresting Bradford and bringing her to the police station to take a breath or blood test, police gave Bradford a lane violation ticket and called a cab to take her home. Because Bradford specifically mentioned that she was travelling from a legislative event, police say she invoked her legislative immunity and they could not arrest her.

Bradford denies invoking legislative immunity. She claims that she looks forward to the facts of the situation coming to light and understands McNulty's decision to suspend her until that happens.

Experts note that the constitutional provision protecting lawmakers from arrest during a session was never intended as a "get-out-of-jail-free" card. Private citizens in Colorado run the risk of being convicted of DUI if they drive with B.A.C.s higher than 0.08, and they can also face harsh punishment. Lawmakers should also have to obey the laws they pass.

Source: FoxNews.com: "Colorado police say 'legislative immunity' got lawmaker out of DUI," Jan. 28, 2012.