Denver, CO- A Colorado judge is questioning the accuracy of breathalyzer machines used in the state, putting thousands of DUI prosecutions in jeopardy and opening the door for numerous legal challenges.
Challenging Colorado Breathalyzer Procedures
Last week, a judge in Gilpin County issued a ruling that shocked prosecutors across the state of Colorado and now means that thousands of DUIs issued over the past 18 months could be up for review. In his ruling, Judge David Taylor accused the state of using a fraudulent signature to certify the state’s breathalyzers machines.
Judge Taylor was presiding over the case of a Gilpin County man who was challenging his drunk driving charge by arguing that the results of his breathalyzer test results were inaccurate or misleading because the equipment was being certified with a fraudulent signature. Defense attorneys allege that the state used a forged signature to certify the machine beginning in July 2015 up until March 2017.
Breathalyzers are scientific equipment used in the field to determine if a driver has been drinking and how intoxicated they are. These machines must regularly be calibrated to ensure accuracy, and they must be certified by the Colorado Department of Public Health and Environment, the agency which oversees the state’s breathalyzer program.
According to the defense, the certifications used by the state, are signed by the signature of Dr. Laura Gillim-Ross who left the department in 2015. Judge Taylor noted that the state was aware the Dr. Gillim-Ross was no longer with the department and the state acted purposefully by neglecting to update their software. Judge Taylor said, “Due process cannot survive if false evidence resulting from intentional government conduct is admitted in an effort to deprive a person of freedom.”
KUSA reports that Judge Taylor has instructed the state to make the necessary changes but their negligence has paved the way for numerous challenges of DUI convictions secured over the past year and a half.
Contact a DUI Defense Lawyer in Colorado
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