C.R.S. § 16-2-104: Issuance of summons and complaint.

(1) A summons and complaint may be issued by a peace officer for an offense constituting a misdemeanor or a petty offense committed in the peace officer's presence or, if not committed in the peace officer's presence, that the peace officer has probable cause to believe was committed and probable cause to believe was committed by the person charged. Except for:

(a) Penalty assessment notices, which must be handled pursuant to the procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and complaint so issued must be filed immediately with the county court before which appearance is required, and a second copy must be given to the district attorney or deputy district attorney for the county; and

(b) When a colorimetric field drug test was used and 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 a municipal drug possession charge, a peace officer shall issue a summons and complaint and shall not arrest the person.