In Colorado at the beginning of May, irresponsible lab technicians accidentally misread hundreds of lab tests. The Colorado Department of Public Health and Environment's lab will now retest the 1,700 blood samples that were taken throughout the state. 200 of the tests are from El Paseo County. According to the Denver Post, the lab technician who goofed up the tests was a graduate from the University of Colorado at Colorado Springs.
He failed to follow the proper procedures as he was instructed, and this led to grave mistakes on the lab test readings. While the technician wasn't fired, he has certainly learned his lesson, and some speculate that he was punished for his mistake. The incorrect readings triggered hundreds of redo tests and sent hope into the hearts of DUI convicts all throughout the state. Cases from all over the state will need to be redone, because many counties use the same state lab for their DUI blood sample testing.
As of May 1st, the only 10 of the 600 retested samples have yielded different results so far. Yet this testifies to ten innocent (or guilty) suspects that will now have a different set of consequences. In some cases where the miscalculated tests skewed results, it simply altered the blood alcohol content to a lower level, but still incriminated the driver in question. The legal BAC limit in the United States is 0.08%. When anything higher than 0.08% shows up on a blood test, the driver will be prosecuted for a DUI. When the BAC is lower than that, the suspect cannot be incriminated, unless he or she is less than 21 years of age.
In all states, there is a zero tolerance policy for minors when it comes to drunk driving. When caught driving while intoxicated, teenagers will have their licenses revoked and may need to serve community service or attend juvenile hall. Simply skewing 0.01% of the results of a BAC test can lead to a different sentence for the DUI suspect. As was exemplified in the recent case above- lab technicians don't always get it right. There are plenty of times that a distracted worker will abandon protocol, or make a minor mistake that could have major consequences.
If you are prosecuted for a DUI, make sure that your lab tests were done in a controlled and reliable environment. The police officer who took your blood must be certified in order to do so, or a nurse must be on site to draw your blood when there is not a registered phlebotomist. If you are sure that you were not above the 0.08% limit, even though your test says otherwise, then you need to contact your attorney and explain the situation.
Recently in California, police discovered that their breathalyzers were malfunctioning, and yielding BACs that were not accurate. This developed into a recall of all the breathalyzers made by the manufacturer, and reversed dozens of court cases. There have also been scenarios where a police worker was not able to administer the breath test correctly. All highway patrolmen are instructed in how to conduct a breath test, but if they forget or were not paying attention, they may fail to perform the test how it supposed to be done. This can also lead to a false reading and a false incrimination.
Do not admit to a DUI if you are convinced that you are innocent. There are plenty of opportunities where law enforcement may have made a mistake along the way. Whether you believe that your breath test was administered incorrectly, or believe that a lab technician misread your blood tests, you should voice all of your concerns to your attorney. You may be one of the many people who fall victim to a situation like the recent mess up in Colorado.