If you have a Colorado DUI and submitted to a Blood Test,
YOU NEED TO READ THIS
because your Colorado DUI Blood Test Results may be invalid.
Recently, a Colorado Lab that tests blood was found to have been committing major violations that could result in the invalidation of your blood results (here is the report posted by Fox news). The violations will result in hundreds of cases being appealed and numerous results being kept out of court.
What problems were found with the Colorado DUI Lab?
1) Expert Witnesses biasing their testimony in favor of the prosecutors
2) Blood samples not correctly stored
3) non-lab employees had access to these samples
4) Improperly Trained Employees
This problems highlight a systemic failure by the lab to provide unbiased scientific analysis of blood samples taken in DUI investigations.
How will this Effect a Defendant?
Because expert witnesses are supposed to present science based on unbiased analysis of facts. When an expert witness turns in favor of the prosecution, that person is no longer representing science but rather using science to push his or her agenda. This type of testimony (a person pushing their agenda by biasing scientific results) is prohibited by the Colorado Rules of Evidence. This means that the testimony should not be allowed into court and should not be used against a defendant.
Additionally, since the blood samples were not properly stored and were available to non-lab employees, there is serious doubt as to whether the results were or could have been tampered with. If the lab cannot show a proper chain of custody (i.e. that the blood was always handled properly), then the evidence should not be allowed into court. It is very possible that an untrained non-employee could have switched samples, mixed samples, tainted samples, or done other things that could be destroying the defendant’s sample.
Last, when an employee is not properly trained, that person is not capable of offering expert testimony on the results. One of the tests to determine whether a person can talk about blood sample results is whether the person is properly trained. Without proper training, there is no guarantee that what the person did was correct or that the person can properly report on the results. Because of the lack of training, the blood samples should not be allowed into many defendant’s cases.
Bottom Line for a Colorado DUI Blood Case:
The problems with the Colorado lab have destroyed the reliability of Colorado DUI Blood Test Results.
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.