DA released documents detailing significant testing errors at the lab. How does this affect my DUI/DWAI case?

Asked almost 2 years ago - Denver, CO

I received a notice in the mail that the DA's office had discovery materials that were available for me to pick-up (I did not make the request). Thinking that it was my blood results, I picked up the documents. It turns out that the documents are not my blood results but rather documents detailing how the lab had significant errors in their results between 11/2011 and 3/2012 (my DUI arrest was 8/2012). Included in the documents is a list of all the retests and emails/docs detailing the investigation.

My question is, how does this affect my case? It has been 10 weeks since my arrest, I have already been to my arraignment (DA had me plead 'Not Guilty') and I still have no blood results.

Attorney answers (4)

  1. Gary F Pirosko

    Contributor Level 10

    8

    Lawyers agree

    Answered . The Colorado Department of Health Blood Lab is in a lot of upheaval due to faulty testing. Even though your test was performed after the dates on the letter, it may be possible for a good DUI atorney to successfully argue to a jury that your test result is also invalid. There are a lot of factors involved in defending a DUI case. You should at least have a competent DUI attorney look at the discovery you received. You can call the CDPHE blood lab at 303-692-3680 to find out your blood alcohol level.

  2. Christopher Paul Kendrick

    Contributor Level 12

    6

    Lawyers agree

    Answered . I agree with my colleague. Often times, DUI cases are attacked by a thousand cuts. This is one more cut that a competent attorney can use to attack your case at trial. You should seriously consider either retaining an attorney of your choosing, or applying for a public defender, if you do not have the funds to hire someone else.

    Nothing in the answer provided should be considered legal advice because all cases and facts are different and... more
  3. Rhidian David Watson Orr

    Contributor Level 16

    3

    Lawyers agree

    Answered . There is no one in the business better than Gary Pirosko. You should call him for a consultation. Bottom line is that without an experienced DUI Defense attorney, this letter means little to nothing to you as you will not know how to use it or exploit the problems at the lab.

    It affects your case as it brings into question the entire process of blood testing and the reliability and credibility of the test result. The lab recently acknowledged that they made errors on over 1,700 tests and there is reason to believe the numbers go well beyond that. The best advice that any of us can give you is to fight this case and to hire the best DUI Defense attorney you can afford.

    The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian... more
  4. James C Forslund

    Contributor Level 19

    2

    Lawyers agree

    Answered . Many things affect your case. You should consult with at least on DUI Defense attorney.

    Jim Forslund
    DUI Defense
    Englewood, Colorado
    Telephone: (303) 332-3602
    Free initial consultations
    http://colorado-dui.com/

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