If you were accused of drinking and driving, you'd want to know that the test you took to prove your blood alcohol concentration was accurate. In Colorado, it's not clear if all the tests are, and that's a significant problem to contend with.
Colorado defense attorneys have been alerted to an unusual situation, and now they're calling for an investigation. According to the news, the Colorado Criminal Defense Bar is asking the governor to investigate the certification of a number of devices used to test the blood alcohol concentrations of those accused of driving under the influence.
The news states that the group believes that the Colorado Department of Health and Environment forged signatures needed to use the machines, stating that they had been certified by the correct technician. However, the technician has stated that the work was performed by temporary workers with no certification experience. They were allegedly asked to forge the technician's signature.
The lab manager allegedly asked those individuals to forge the worker's signature to help certify more of the Intoxilyzer machines, which had been purchased by the state. This is not the first time there has been an issue with the handling of DUI tests by the department. The department was suspended in 2013 after it was found it participated in misconduct involving the handling of blood samples for DUI cases in Colorado.
In cases like this, it's important for you to reach out and find out what kind of test was used for your breath test. There's a chance that the test could be thrown out due to discrepancies such as these.
Source: Colorado Springs Independent, "Colorado defense attorneys call for investigation into DUI testing machines," Pam Zubeck, March 15, 2017