The Denver Post recently reported that the lab used by the Denver Police to test blood results was inaccurately testing the blood samples. The errors have led to the need to retest 1,700 blood samples.
These types of errors call into question the accuracy of the lab reports and whether the results in Denver DUI cases and other labs in Colorado DUI cases can be trusted at all.
In this instance, the inaccurate results favored the defense but there is no certainty that there are other results favoring the prosecutor that are not being talked about.
It is clear from this report that there needs to be stronger oversight when testing blood samples. If these errors are occurring in our DUI cases, they may also be occurring in other cases such as Assault with great bodily harm where blood results are being taken from the scene.
The exact nature of the inappropriate testing techniques have not been disclosed but the mere existence of inappropriate testing is questionable and frightening for defendants in all types of cases.
If you are facing a Denver DUI case where you requested a blood test, it is important that you talk to your Denver DUI Attorney about the testing techniques used to analyze your blood. There are clearly problems with the labs and the way that the labs are testing samples. It will only be through the thorough analysis of the labs that we can truly find out what the lab was doing wrong and how it has effected DUI cases in Denver.
Additionally, the problems that were exposed in Denver may be occurring elsewhere. As such, all of the labs should be questioned to determine whether their techniques are proper and that they follow standard operating procedures for testing the blood.
In this latest instance, there were individuals whose cases had to be reopened and there were cases where charges should not have been filed. The Denver District Attorney’s Office was attempting to convict people of DUI who have now been shown to be innocent. Hopefully, the DA’s office will correctly identify all of the cases that were effected and do their best to notify defense attorneys of the errors so that innocent people’s records are not ruined by the sloppy lab work that jeopardizes the pursuit of justice.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.