The Colorado Department of Public Health and Environment (CDPHE) has once again failed to demonstrate their competence at alcohol testing in Colorado DUI cases. One year ago, their incompetence led to the closure of their blood
alcohol testing lab. Today, the CDPHE announced that one of their new Intoxilyzer 9000 (breathalyzers) was not calibrated properly and led to dozens of breath tests being thrown out of court.
The failure of the CDPHE in conducting scientifically valid breath alcohol tests is one more sign that a significant change in forensic alcohol testing needs to happen in Colorado. Denver DUI attorneys have been fighting for some time for more transparency and accountability from the CDPHE. Jurors in Colorado should be convicting or acquitting DUI defendants based on scientifically reliable testing rather than wild guesses.