In Jefferson County, Colorado, a Driving Under the Influence (DUI) trial is causing a big stir as lawyers are questioning the validity of breathalyzer results. If the accusations about invalid tests are true, this could affect DUI and DWAI cases and convictions across Colorado, including those in Greeley, Erie, and Evans. According to the news report, the Colorado Department of Public Health and Safety was responsible for certifying new breathalyzer testers in 2013. The question is about the validity of the certifications. The devices must be certified before being sent out to law enforcement agencies for use. Allegedly, the state was overwhelmed by the amounts of tests needing certifications and to stay on schedule, allowed unqualified people to certify them. In fact, a whistleblower claims that in some cases, the names of the qualified certifiers were forged. If fault is found with the state, this could have a huge impact on many DUI cases.
Weld County Driving Under the Influence Attorney: What is the Definition of Drunk Driving?
The Colorado law definition of Driving Under the Influence – C.R.S. 42-2-1301 – is:
A .08 blood alcohol content (BAC) as determined by a blood or breath test will result in a charge for Driving Under the Influence. Now, this certification issue will not affect convictions obtained through blood tests, but the breath tests can be affected. Depending on the way the Greeley Police officer got the BAC results, the charge could be re-examined should the test certification issue be validated.
If you or someone you love has been arrested for Driving Under the Influence or Drunk Driving in Weld, Morgan, or Logan County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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