Colorado Blood Tests
In Colorado, a person arrested for drunk driving has a choice of submitting to either a breath or a blood test (in most cases). If you choose a blood test, your blood must be drawn by a certified phlebotomist – usually a nurse or a paramedic and not the police officer. In addition, the police will give the person drawing your blood a blood draw kit to ensure that the blood draw is performed properly. The phlebotomist will then draw two samples of the suspect’s blood. One sample will be sent to the police laboratory for testing by the government and the other will be preserved for the defendant to perform a re-test if he or she chooses. If the police fail to preserve a second sample for the defendant, this may be grounds for dismissal.
In general, blood tests are more accurate than breath or urine tests. However, there are still a number of sources of error that can cause an inflated result. For example, if the sample is not collected and stored properly, the blood will begin to decompose and alcohol will be created naturally in the sample causing an abnormally high BAC result. In addition, a non-alcohol swap must be used to prep the suspects arm. If an alcohol swap is used, the results might be contaminated by the alcohol causing in an inflated result. Finally, the sample must be tested properly in order to obtain an accurate result.
Furthermore, as with all chemical tests, blood tests must be administered in substantial compliance with regulations put forth by the Colorado Department of Public Health and Environment. Failure to comply with these regulations will undermine the reliability of the tests and may result in a ruling that the results are in admissible at trial.
Even though blood tests are more accurate than other chemical tests, a DUI attorney will be able to review the process and procedures used by the police to determine if the test was done properly. In addition, a skilled DUI attorney will be able to point out possible sources of error in these tests during a trial. If you have been charged with DUI and submitted to a blood test, contact attorney Jared Adams today and he will explain the defenses that are available to you.
