Release by arresting authority

(1) When a person has been arrested without a warrant, he may be released by the arresting authority on its own authority if: (a) The arresting officer or a responsible command officer of the arresting authority is satisfied that there are no adequate grounds for criminal complaint against the person arrested; or (b) The offense for which the person was arrested and is being held is a misdemeanor or petty offense and the arresting officer or a responsible command officer of the arresting authority is satisfied that the person arrested will obey a summons commanding his appearance at a later date. (1.3) Notwithstanding subsection (1) of this section, if a person is solely suspected of a level 1 drug misdemeanor for possession of a controlled substance pursuant to section 18-18-403.5 (2)(c) or (2.5)(a)(II), or solely suspected of drug possession in violation of municipal law, and a colorimetric field drug test was used, the peace officer shall not arrest the person and shall instead release the person and issue a summons commanding the person's appearance at a later date. (1.5) No person arrested for any crime or offense, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), C.R.S., shall be released at the scene of the alleged crime pursuant to subsection (1) of this section. (2) If the person is released in accordance with subsection (1)(b) or (1.3) of this section, the person shall be given a summons and complaint as provided for in sections 16-2-104 and 16-2-106 and shall sign a written acknowledgment of its receipt and a promise to appear at the time and place specified.