DENVER -- A traffic stop involving a roadside sobriety test for State Rep. Laura Bradford, R-Grand Junction, ended once Denver police realized the state Constitution gives lawmakers privilege preventing arrest.

Denver police spokesman Sonny Jackson said Bradford was stopped while driving in the area of 10th Avenue and Downing Street at about 10 p.m. Wednesday after a Denver officer saw her make an improper turn and drive in a "inappropriate manner."

The car she was driving had license plate indicating she was a state lawmaker, according to Jackson.

The officer said he smelled alcohol on her breath and Bradford said she had been drinking, Jackson said.

Bradford was given a roadside sobriety test but didn't submit to a blood-alcohol test, according to Jackson. He said he didn't know if he she passed the sobriety test.

"There is a state law in the constitution that states you cannot detain a state representative on the way to or from the state capitol," Jackson said.

Bradford was given a traffic ticket and her car was locked up, Jackson said. She took a cab to her Denver residence. Jackson said he had no further details on the traffic stop.

Bradford released a statement Friday night that said, "I look forward to continuing my work on behalf of the people of my district and Colorado. I understand the speaker’s decision, and I look forward to having the facts brought to light."

She did not return multiple phone messages left by 7NEWS on Friday night.

The Legal Precedent

The Colorado Constitution says:

The members of the general assembly shall, in all cases except treason or felony, be privileged from arrest during their attendance at the sessions of their respective houses, or any committees thereof, and in going to and returning from the same; and for any speech or debate in either house, or any committees thereof, they shall not be questioned in any other place

The law was effective the day Colorado became a state on Aug. 1, 1876 and was amended only once -- in 1975.

The Denver Police Department Operations Manual says:

205.07 Violations by Colorado Legislators
(1) Pursuant to Article 5, Section 16 of the Colorado Constitution, no member of the Colorado General Assembly may be arrested while in route to or from legislative sessions, except for treason or felony violations.
(2) Traffic citations may be issued, however the legislator shall not be detained for an undue amount of time.
(3) Should an officer have reason to believe a legislator is driving under the influence AND there is an accident with serious injuries or a fatality involved, the legislator will be arrested and processed for the suspected felony; DUI violation.
(4) In the absence of felony violations, should an officer have reason to believe a legislator is driving under the influence, the officer may cite for a violation which caused an accident or was the reason for a traffic stop. For the safety and welfare of the public and the legislator, the officer will arrange for other transportation for the legislator and his/her vehicle will be parked and locked.

BAC Test Could Constitute Arrest

Based on Denver police policy, lawmakers are not allowed to be detained for an undue amount of time. Being taken to a substation for a breathalyzer or to a hospital for a blood draw to determine blood alcohol content level, could be determined detainment and/or arrest.

7NEWS spoke with State Rep. Bob Gardner, R-Colorado Springs, who is also an attorney. He said lawmakers don't have immunity.

"It's not immunity because that crime can still be charged," Gardner said.

He pointed out that prosecutors can still charge someone on suspicion of driving while under the influence even without a breathalyzer or blood test. Though, prosecutors generally want to have that evidence when in court.

"If a lawmaker is pulled over and then suspected of drunken driving, what should happen?" asked 7NEWS reporter Marshall Zelinger.

"In general, if a lawmaker is pulled over for any traffic offense whatsoever, it should be treated like any other citizen being pulled over for a traffic offense," said Gardner. "If that legislator is on their way to or from the general assembly, then Article V, Section 16 of the Constitution dictates that they shall not be arrested."

Bradford Suspended From House Leadership Position

Bradford was suspended from her post as chairman of the House Local Government Committee after she was given the traffic ticket, according to Owen K. Loftus, majority communications director.

Rep. Libby Szabo, R-Arvada, will serve as the chair of House Local Government, and Rep. David Balmer, R-Centennial, will serve as the committee’s vice chair, Loftus said.