Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351
COVID-19 RESPONSE: We are open and available to meet with you in-person or via phone / video conference. Click our number to connect with an attorney.


Colorado Lab Error - DUI / DWAI Blood Samples: C.R.S. 42-4-1301

Denver DUI Attorney: Retesting Blood Samples

A Colorado state lab will be retesting 1,700 DUI / DWAI (C.R.S. 42-4-1301) blood samples because a lab analyst botched the testing of samples between October 2011 and March 2012. These samples are relied upon by prosecutors in Adams, Weld, and Arapahoe County in determining the Blood Alcohol Content (B.A.C.) of those accused of Driving Under the Influence of Alcohol.

Blood Alcohol Content (BAC) in Jefferson County

In Denver, Jefferson, and Douglas County, Blood Alcohol Content is used to determine whether a person can be charged with DUI (42-4-1301 (1) (a)), DUI (C.R.S. 42-4-1301 (1) (b)), or DUI Per Se (C.R.S. 42-4-1301 (2) (a)) and the penalties they face for each. For example, if a person has a .08 B.A.C. at the time of driving, or within 2 hours after driving, they can be charged with DUI Per Se (also known as Driving with Excessive Alcohol Content) in addition to DUI.

Blood Samples in Colorado: Where is it tested?

In this case, the analyst's errors were discovered after a deputy district attorney reported that a private lab used by a Colorado defense attorney had gotten a lower B.A.C. result than the state's. Colorado and its state labs are used to test samples for the entire Colorado State Patrol and Colorado county sheriffs' offices, although the Denver Police Department conducts its own tests.

Adams County Criminal Lawyer: What is Scientific Evidence?

"Scientific" evidence, such as blood and breath tests in DUI cases or DNA in Murder or Sex Assault cases, is extremely persuasive to police and prosecutors in deciding whether to file charges in a case and to juries in their decision to convict. When inaccurate, nothing can be as prejudicial as erroneous test results and nothing can lead to a greater miscarriage of justice than their misuse.

Douglas County DUI Lawyer: BAC Result Errors

The way that Colorado government labs test for Blood Alcohol Content leaves much room for user error, like the errors made by this lab's analyst. So far, of the samples that have been retested, 10 out of 250 have shown inaccurate results. An experienced Colorado defense attorney knows the possible pitfalls of blood testing, and can use these pitfalls to produce reasonable doubt in the mind of a jury to get you acquitted when facing DUI accusations.

If you have been charged with a DUI / DWAI in any Colorado county, do not hesitate to call the O'Malley Law Office. The government will use any evidence they have to convict you--even inaccurate evidence. As your attorney, we can help hold the government and their testing practices accountable. Be smart, exercise your right to remain silent, and call us immediately at 303-731-0719. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.