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Blood Alcohol Tests Archives

Mistakes found in DUI testing process in Colorado

A couple of months ago, we wrote a post about blood alcohol tests and how the results of those tests can be successfully challenged by the people who are accused of driving under the influence of alcohol. Well, as many Denver residents have likely heard over the last few days, news broke that numerous DUI blood tests were improperly performed, calling into questions the results of certain cases, as well as the whole system in general.

BAC tests can be successfully challenged

In our last post, we talked about the controversial DUI case from Colorado that may go before the U.S. Supreme Court. In that case, a dubious blood draw which garnered police the BAC levels of the person accused of drunk driving was ruled inadmissible by a judge because it was obtained without a warrant.

Supreme Court may take on controversial Colorado DUI case

Living here in Colorado, most of our readers have probably heard the ongoing DUI story involving Jack Schaufele, a man who caused a crash and was found to have a blood alcohol level that was almost three time the legal limit. He was arrested on DUI charges, but a state judge ultimately ruled that the evidence the police had garnered from Schaufele's body -- the blood sample that showed his BAC level -- was inadmissible in court.

Blood tests and breath tests can lie

While the following story didn't occur here in Denver, Colorado, it carries significance no matter where you live. According to a report out of Lincoln, Nebraska, more than 180 DUI cases have been compromised as a result of an incorrectly-calibrated breath testing device. In the wake of the scandal, one employee at the Sheriff's Office resigned.

New testing van for Denver police raises questions

If you noticed a lot more police officers out on the roads last Saturday than normal, then you weren't just imagining it. The police presence was greatly increased on Saturday, not just because of Halloween but also because of Daylight Saving time. While the numbers haven't been released yet, there were probably many DUI arrests on Saturday night because of the holiday and the extra hour that bars were open.

Streaming a DUI?

On the Periscope website, the company says its app allows users to discover "the world through someone else's eyes." The application allows people to share with the world (or their friends) live video of whatever they're doing, from hot air ballooning to mountain climbing to walking on a beach.

Part II: Can prosecutors try to use "junk science" in your DUI case?

As regular readers know, we wrote about retrograde extrapolation in our previous post. It's a questionable bit of "science" that Denver-area prosecutors will sometimes use to try to argue that a person was drunk at the time of a car accident, even though no blood-alcohol test was taken at the time of the crash or its immediate aftermath.

Could a prosecutor try to use "junk science" in your DUI case?

There are some situations in which a person's blood-alcohol level is tested hours after a car accident has taken place. The blood-alcohol content (BAC) is determined to be below Colorado's legal threshold of .08 percent, yet the driver is regardless charged with DUI.

Glory days

Glory days, they'll pass you by. Bruce Springsteen sang out truth in more than one song, including "Glory Days." The lyrics might ring true for a man who once faced the Denver Broncos and John Elway on America's biggest sports stage.

Who gives an Alcohoot?

The Colorado Department of Transportation recently handed out personal breathalyzers to people in downtown Denver. The idea behind the giveaway is to enable people to have a sense of how their blood alcohol content (BAC) rises with the consumption of a few drinks.