Understanding Blood Testing in Colorado Drunk Driving Cases
Whether you are facing allegations of driving while ability impaired (DWAI) or driving under the influence (DUI), you ultimately may have a blood test administered in order to determine your blood alcohol concentration. What are some of the key things you should know about blood tests or blood draws in relation to DWAI or DUI charges? Our Denver DUI defense attorneys can tell you more, and we are here to speak with you today about building a defense if you are facing charges.
You Are Supposed to Be Given the Option to Choose Between a Breath and a Blood Test
When a law enforcement officer is permitted to conduct a chemical test on you following an arrest for a DWAI or DUI in Colorado, Colorado law says that you “must be given the choice of which type of evidential chemical test” you prefer to determine your blood alcohol concentration. While blood tests may sometimes be more accurate than breath tests, you may want to avoid a blood draw, and you are supposed to be given the option.
Requirements for Blood Sample Collection
If you choose to have a blood test, there are regulations under Colorado law concerning how the sample must be collected and tested. Specifically, the sample must be “collected in the presence of the arresting officer or other responsible person who can authenticate the specimens.” Further, it must be “collected and labeled following the instruction provided in the forensic blood collection kit,” and it must be collected in an appropriate clinical or public safety location by a person whose “training and normal duties include collecting blood specimens.”
There are a number of additional requirements that must be followed, as well, and that are outlined in the Code of Colorado Regulations. If any of these requirements are violated or not adhered to, you may have grounds to contest the blood test and the results.
Blood Test Analyses Must Be Done in Approved Labs
Colorado regulations require that any laboratory analyzing a blood sample for purposes of determining a blood alcohol concentration must be done in a certified laboratory. The laboratory must be specifically certified in the type of blood analysis being conducted, meaning blood alcohol and/or blood drug analysis.
If a lab is not properly certified to analyze the sample, the results may not be used as evidence against you in a case, and you may be able to have the charges against you dropped.
Currently all blood toxicology testing is performed by Colorado Bureau of Investigations across the state. CBI operates three labs across Colorado and they are backlogged approximately three months right now. That means if you elected to take a blood test, you can anticipate waiting at least three months before receiving those results. DeChant Law advises against waiting for the results to come back before retaining a lawyer. That is precious time which both your lawyer and you can prepare for the results that would be wasted. Don’t wait, reach out to an attorney right away!
Contact a Denver DUI Defense Lawyer
Like other types of alcohol-related and drug-related test results used as evidence in DWAI and DUI cases, blood test results can be challenged. In some cases, blood tests might not have been performed according to Colorado regulations, or the analysis of the blood alcohol concentration in the sample might not have been performed accurately or in an appropriate facility. Even beyond these options, there are many other ways you may be able to challenge blood test results to fight the DWAI or DUI charges you are facing. You should get in touch with one of the experienced Denver DUI lawyers at DeChant Law to learn more. Contact us today for help with your defense.
Sources:
sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=7962&,fileName=5%20CCR%201005-2
law.justia.com/codes/colorado/2021/title-42/article-4/part-13/section-42-4-1301-1/
