Drunk driving defense lawyers in Denver and across Colorado are voicing their frustration with recent findings about the state’s DUI crime lab. Essentially, the lab continually showed bias in favor of prosecutors that ultimately helped them win convictions against drivers who were ostensibly innocent.
According to a DenverPost.com report, the Colorado Criminal Defense Bar received information suggesting that the crime lab had significant personnel issues that (in many cases) compromised the integrity of the evidence analyzed. Defense attorneys also implied that these mistakes were not properly disclosed by prosecutors, which would have led to cases being resolved.
The Defense Bar indicated that they plan to respond to the report in a press conference in front of the state judical center.
Errors in safekeeping or analyzing blood samples could lead to DUI cases being challenged upon appeal or being dismissed. Essentially, if it is found that the alcohol levels in an accused’s blood were not above the legal limit (but were improperly indicated as such) the accused could be exonerated of criminal charges.
Challenging a conviction on these grounds is not an easy process, and the problems cited do create any guarantee of success. However, malfeasance within a crime lab can (in some circumstances)lead a judge to throw a case out.
Ultimately, it is imperative that analyses and conclusions from state DUI crime lab be reliable and free from any bias. If you have questions about how the recent report may affect your drunk driving case, an experienced criminal defense attorney can advise you.
Source: DenverPost.com, Bias cited Colorado DUI crime lab, defense lawyers plan response, June 10, 2013