Colorado DUI Blood Sample Testing Suspended

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Blood Testing Suspended in Colorado DUI CasesTHE COLORADO STATE LABORATORY that tests Blood Samples is


effective July 3rd, 2013.  This supension is the direct result of mishandled samples, untrained employees, and biased testimony in Colorado DUI Blood Cases from supervisors during innocent people’s trials.

Here’s a copy of the press release in case you missed it:

State laboratory to suspend blood-alcohol testing

DENVER – Effective July 3, the Colorado Department of Public Health and Environment will suspend blood-alcohol and blood-drug testing performed at its toxicology laboratory until further notice.

During this suspension, the state toxicology lab will complete the work on samples currently in the testing process. Unprocessed specimens will be sent to an independent lab after consultation with the agency that submitted the sample. New specimens that come to the state toxicology lab during the suspension will be rerouted to another lab for processing.

Department Executive Director Dr. Chris Urbina said, “We will have an independent laboratory retest approximately 800 blood-alcohol samples to verify the state toxicology lab’s blood-alcohol test results. We take seriously the concerns from law enforcement, public defenders and the public – and this is the best way for us to verify the accuracy of testing at the toxicology lab.”

An independent lab, AIT labs, will conduct the retesting. The 800 samples will be randomly selected to ensure a representative sample, and will be selected from test results completed during the last 12 months. Results of the tests will be made public.

During the suspension, the department will continue to implement improvements at the toxicology laboratory. The first step will be a complete audit by the Association of Public Health Laboratories of the state toxicology laboratory’s procedures. The audit team will comprise laboratory experts from other state toxicology laboratories. Results of the audit will be made public.

Lab staff members will continue their training on updated standard operating procedures and industry best practices. In addition, the toxicology lab’s testing equipment will be inspected (and recalibrated) to make sure the equipment meets board of health certification standards.

Only the blood-alcohol and blood drug testing is being suspended. All other services provided by the state lab will continue. Those services include:

  • screening for newborn illnesses
  • breath alcohol testing for law enforcement
  • bioterrorism surveillance
  • zoonotic disease testing (plague, rabies, West Nile Virus, hantavirus, avian flu)
  • human disease testing (foodborne illnesses, TB, STDs, vaccine-preventable diseases)
  • radiochemical and radiation testing
  • water and air testing
  • milk testing

Why does this matter?

This release shows that the State does not have confidence in the lab’s results and must re-evaluate everything that is done in the lab before resuming testing.  This report also shows that the damage to innocent people’s DUI Cases in Colorado is real.  It is unclear how long the problems have been going on but presumably, thousands of people may have been effected by the inadequacies and biases from the suspended Colorado DUI Lab.

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.

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Nathaniel has worked in criminal law on both sides of the aisle spending time working for the prosecution as well as the defense. Most recently Nathaniel has represented individuals in violent felonies and drug cases. Prior to this work, Nathaniel handled DWIs, Domestic Violence Cases, Property Crimes, and White Collar Crimes. On the prosecutorial side, Nathaniel has most notably worked in Bosnia helping to prosecute individuals who committed war crimes and crimes against humanity in the Bosnian War from 1993-1995. In particular, Nathaniel helped in the prosecution of military leaders who arranged for the organized murders and rapes of innocent civilians in various towns in Bosnia. Nathaniel is a graduate of the University of Texas School of Law, Northwestern University, and Phillips Exeter Academy. Google Profile: Nathaniel Baca