Colorado Retesting of DUI Blood Samples Highlights Its Lack of Reliability
It should not be assumed that simply because you’ve received a DUI that it is going to lead to a conviction. Often enough, law enforcement officers fail to follow proper protocol and if you’ve been given a blood test, the test results can actually end up being inaccurate. This of course should not mean you can drink and drive in hopes if you’re pulled over a mistake will be made in convicting you. Before anything else, drink responsibly, and under no circumstance should anyone ever drink and drive.
According to a Colorado organization which is designed to prevent drunk driving, No DUI Colorado, Denver County police officers issued over 3,000 DUI citations last year. The average BAC of those DUI recipients was 0.16 which is twice the legal limit. Throughout Colorado as a whole, there were over 27,000 DUI citations with a surprising 367 of those being given to drivers under the age of 18.
These statistics are alarming and No DUI Colorado has their work cut out for them. However that said, Coloradans who have been arrested for a DUI should not give up as there are still ways to mitigate the punishments received for DUI charges. Even further than mitigating, it is possible to have all charges dropped based on mistakes made by law enforcement officers.
The Recalling of Toxicology Results
The Colorado Department of Public Health and Environment placed a temporary halt on all blood alcohol and drug testing as a result of numerous accusations of mishandling blood samples in late June of 2013. They ordered new testing to be done on samples that were obtained dating back to June of 2012. As a result, around 800 samples were randomly chosen for retesting, all of which were deemed an honest and fair representation of the total year’s collection. These were given to an independent laboratory which was chosen to perform the retesting and is expected to be completed early November.
They have nearly completed their retesting, and though few of the samples have been confirmed to be erroneous, what this incident brings to light is the fact that there is indeed the potential for mishandling and error to occur when testing the BAC of a persons blood. This is a serious issue, as being wrongly convicted of a DUI is no small matter.
The consequences of being convicted of a DUI are severe. As such, anyone who has been arrested for a DUI should ensure that their test results are accurate. If an error or mistake was to be found, conviction would not be possible for a person arrested and charged with a DUI.
At The Clark Law Firm, we understand that the law can be a tricky course to navigate. If you need help finding your way and have been convicted of a DUI in Boulder Colorado, or are concerned with Drug Offenses, in need of Felony Defense or Misdemeanor Defense, please be sure to contact us immediately. We will hit the ground running to make sure you have the best Boulder Attorney and legal coverage possible!