When you’re pulled over on suspicion of drunk or impaired driving, you’re in a tight spot. Colorado laws make it tough to decline a chemical test, and the standards for challenging a result are high. Even so, blood tests are not perfect, and neither are police officers. An experienced DUI defense attorney understands how to manage a DUI, DWAI, or UDD case. They may be able to reduce your penalties or, in some cases, even get charges dismissed.

How Blood Tests Work in Colorado

Colorado is an “express consent” state. This means that anyone driving in Colorado is legally considered to have consented to a chemical test if an officer believes they have probable cause to take it. See C.R.S. § 42-4-1301.1. If they refuse a test, they face a one-year loss of their license and increased penalties.

Outside of extraordinary circumstances, an adult driver does have the right to choose the type of test they will take. A blood test is generally more accurate than a breath test, but the state must keep a separate sample in case the defendant’s attorney requests an independent test result.

The law interprets BAC results as follows:

  • For a driver under 21, a BAC level between 0.02 and 0.05 “at the time of driving or within two hours after driving” is a class A traffic infraction.
  • A BAC level between 0.05 and 0.08 may constitute a DWAI since it allows the jury to infer that “the defendant’s ability to operate a motor vehicle or vehicle was impaired by the consumption of alcohol.” However, the defense can present other evidence to refute it.
  • A BAC level of 0.08 or more is DUI “per se”—that is, it is illegal to drive with this BAC.
  • A finding of at least 5 ng/ml of delta 9-tetrahydrocannabinol (the active molecule in cannabis) allows an inference “that the defendant was under the influence of one or more drugs.”

See C.R.S. § 42-4-1301(6)(a). The state may also present evidence of other drugs, even legal drugs, if they could have caused impairment.

The Colorado Department of Public Health and Environment has set forth detailed regulations for the chemical tests used in DUI proceedings, which include:

  • Department certification or nationally recognized accreditation for the laboratory that performs blood testing
  • Proper collection and labeling in the presence of a “responsible person” who can authenticate the specimen
  • Secured storage, together with adequate refrigeration if shipping is delayed
  • Retention of a second blood sample for defense testing

In order to be admissible in court, the test has to comply with these regulations. However, it is not easy to discount the test just because of a broken rule. The test does not have to be in strict compliance with the numerous regulations to be admissible in court “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.” C.R.S. § 42-4-1301(6)(f).

How Lawyers Fight in DUI Cases with Blood Results

In cases like this, a DUI defense attorney has several options. They can challenge:

  • The admissibility of the blood test
  • The weight of the blood test as evidence
  • The lawfulness of the arrest

Attacking the admissibility of the test is difficult. To have the test admitted, the state only needs to show that an officer observed the test, that it was administered by someone qualified to do it—or reasonably believed to be so—and that the test kit had an adequate certificate of compliance.

However, the defense can certainly raise issues with the quality of the blood test—that is, the weight of the evidence. A defense attorney can point out problems with:

  • Inadequate storage or refrigeration
  • Failure to ship the blood within seven days for testing
  • An uncertified test administration
  • Inconsistent results from the second sample test

The timing of the test can be critical. The unlawfulness, after all, depends on the BAC level while driving—and this may have actually been lower than at the time of the test. Bodies differ, and BAC levels may reach their peak at thirty minutes to an hour after consumption. It is possible that a driver whose blood was drawn some time after their stop actually drove with a much lower BAC.

The defense attorney can also address the lawfulness of the arrest itself. If an officer did not have grounds for reasonable suspicion when they stopped the driver, the stop was unlawful. Police often make mistakes, and some of them can damage the case. For example, a DUI checkpoint may not comply with state law requirements. And a blood test taken without consent cannot serve as evidence unless the driver was unconscious or the officer believed they had committed homicide or assault.

Let Us Help You

Our experienced Colorado Springs DUI attorneys can protect your rights. Even if you feel guilt about your actions or worry about the cost, a DUI defense attorney is an investment in your future—especially in Colorado. Unlike some other states, Colorado does not have a “washout” period for DUIs that can reduce the severity or remove the conviction from your record. Contact us today at 719-451-7469 for a free case evaluation in our Colorado Springs office.