I went to court the other day with an Arapahoe County driving under the influence (DUI) client who had been waiting for months for his blood test results. I asked the prosecutor what the delay was in getting those results. He told me that “a lot of people at the Department of Health Arapahoe lab were on vacation and one person had been sick.”
Well, sort of.
Scandal at the Colorado Department of Health Lab
I knew that Arapahoe County uses the lab at the Colorado Department of Public Health and Environment to test and report on the amount of alcohol in the blood of those tested after a DUI stop. I knew that the delay in producing DUI test results was due in large part to a scandal at the Colorado Department of Public Health and Environment’s lab, which had recently fired a technician for failure to “follow protocol” in the lab testing process. It turns out that a significant number of tests had errors in them. How big were these errors? The errors made all the difference between jail and no jail.
Retesting Thousands of Samples
The Colorado Department of Public Health and Environment has been retesting some 1700 samples. They are holding off on lots of other blood test results and delaying court cases while these older samples are retested using accepted techniques.
How Can You Protect Yourself From Bad Lab Results?
Make sure that your lawyer knows how and where to get your breath test “retested.” Make sure that your lawyer knows what blood alcohol levels mean and how such tests are conducted. Each and every blood test that Denver DUI attorney Shaun Kaufman encounters in any DUI case is retested by a private lab, and he never relies solely on state or local labs for their results. Shaun Kaufman has visited some of these private labs and discussed their procedures and protocols for retesting. Shaun has also attended and spoken at seminars where topics discussed included forensic toxicology, forensic pathology and human physiology.
Colorado criminal defense attorney Shaun Kaufman knows that DUI law is a technical, complicated area. He knows how to use science to develop your case and to attack prosecution evidence. If you are charged with a DUI in Colorado, contact Shaun Kaufman Law, P.C. today at 303-309-0430.