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Blood Tests in Colorado DUI Cases

By Timothy Bussey on January 5, 2017

dui-chargesIf you have been arrested for Driving Under the Influence (DUI) in Colorado, you most likely were given a choice between a blood test and a breath test. The third option that can occur is that a person can refuse a chemical test altogether.

If you elected a blood test it may be helpful for you to understand a little bit about blood tests. The first important point is that unlike a breath test, you will not know the results of your blood tests for some time. The blood must be shipped to a Colorado state certified laboratory for analysis. It will only be after the blood is analyzed that you will be made aware of the results.

Many times a person is not made aware of the results until they receive a letter from the Colorado Department of Motor Vehicles concerning a driver’s license revocation. Other times a person obtains the results through the criminal process called discovery, when the prosecution must turn over police reports, laboratory reports concerning the DUI criminal prosecution.

Different laboratories are used by law enforcement to test blood samples in Colorado. Laboratories must be certified by the Colorado Department of Public Health and Environment. Click here to see certified laboratories in Colorado.

The blood sample is supposed to be collected and analyzed in accordance with the blood collection rules established by the Colorado Department of Public Health and Environment. Click here to see the rules for blood collection.

5 CCR 1005-2 (1.1), Rules Pertaining to Testing For Alcohol and Other Drugs states that the rule “establishes minimum standards for certification and approval of entities and processes for alcohol and drug testing. However, the criminal statute states the law enforcement and laboratories are not required to strictly comply with the minimum standards established by the Colorado Department of Health and Environment for the results to be admitted in court. See C.R.S. 42-4-1301 6(f) states, “Strict compliance with the rules and regulations prescribed by the department of public health and environment shall not be a prerequisite to the admissibility of test results at trial unless the court finds that the extent of noncompliance with a board of health rule has so impaired the validity and reliability of the testing method and the test results as to render the evidence inadmissible. In all other circumstances, failure to strictly comply with such rules and regulations shall only be considered in the weight to be given to the test results and not to the admissibility of such test results.”

The results of a blood test will generally be admitted in trial even if the test was not conducted in accordance with the rules established by the Colorado Department of Public health in Environment. A skilled and experienced DUI attorney can challenge the results of a blood test. If you submitted to a blood test in Colorado please contact the skilled and experienced Colorado Springs DUI attorneys at The Bussey Law Firm P.C. to assist you with your case.

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