By Patrick F. Welsh, Esq.
The Colorado Department of Public Health and Environment (CDPHE) has ended testing of all blood-alcohol and blood-drug testing at the state toxicology lab. Embattled state lab ends blood-drug, blood-alcohol testing.
According to the Denver Post, "Four months after a critical report revealed concerns about blood-alcohol and blood-drug tests at the state toxicology lab, the Colorado Department of Public Health and Environment announced the lab will not resume testing the samples." State toxicology lab closure sparks concerns for prosecutors - By Jordan Steffen,The Denver Post
This closure is a big blow to the reputation of and confidence in the CDPHE and may also frustrate Prosecutors who have to deal with the backlash. The closure comes months after Colorado defense attorneys exposed a report by the health and environment department which revealed potentially biased lab results. Some 800 samples were retested by an independent lab, which found 95% to be within the "acceptable margin of error", but it also brings into question the number of samples which deviated outside the "acceptable margin of error" and how those cases should be handled.
The closure of the CDPHE lab may seriously affect how you case should be handled. Have you been charged with a DUI Assault, DUI, DUID or DWAI? How will this closure affect your case? This may open a new realm of legal issues and defenses you should be aware of when dealing with the district attorney's office.