Menu
- Introduction
- “Vehicle” and “Motor Vehicle”
- “Drive”
- “Drugs”
- “Legal Limit”
- Open Container
- Driving Under the Influence (DUI)
- Driving Under the Influence Per Se (“DUI Per Se”)
- Driving While Ability Impaired (DWAI)
- Second and Subsequent Offenses
- Underage Drinking and Driving (“UDD” or “Baby DUI”)
- Strict Liability
- Juveniles and Minors
- Evidence of Impairment
- Standardized Field Sobriety Tests (SFSTs)
- Drug Recognition Experts (DREs)
- Expressed Consent
- Breath Tests
- Blood Tests
- Prima Facie Case Requirement
- Preparing for Trial
- Voir Dire
- Expert Testimony
- Proving Chain of Custody
- Double-Refusals
Although the blood draw is done by a local medical professional, after the blood is collected, it is usually placed into evidence and then delivered by law-enforcement courier to the Colorado Bureau of Investigation (CBI) for testing. CBI’s forensic toxicology department will test the blood in accordance with the law and established lab procedures. This process, unlike with breath testing, takes several weeks. Also unlike breath testing, which in Colorado is presently limited to detecting alcohol, blood testing can test for the presence of drugs other than alcohol.
This is an example of the blood testing results from a private laboratory:
For more information about blood testing, visit CBI’s Forensic Toxicology webpage. This website offers:
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- Contact information for testing,
- Access to testing kits,
- Information about the lab’s accreditation,
- Drug effect monographs, which outlines a CBI forensic toxicologists general testimony about the potential effects of various drugs,
- A list of current forensic toxicologists and their Curriculum Vitae’s, and
- Information on how to order Expert Disclosure Reports and BAC “Retrograde Extrapolation Reports.”
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Retrograde Extrapolation Reports
Alcohol takes time to metabolize in the body, and the BAC at the time of testing may differ from the BAC at the time of driving.
Retrograde extrapolation reports can be used to help determine a person’s BAC at the time of driving. You will want to obtain one of these reports in a variety of circumstances, such as if a person’s BAC at the time of testing was under the “Legal Limit,” but the evidence at the time of driving demonstrates the defendant was under the influence. A retrograde extrapolation can also estimate a defendant’s BAC for purposes of proving DUI Per Se.
CBI Litigation Packet
When requested, CBI will also provide to the prosecution what is known as the “CBI Litigation Packet,” or “lit packet” for short. This packet documents chain of custody on evidence, all testing, and all results. CBI does not provide this to defense counsel. Nor does CBI automatically provide it to the prosecution. You should order it in anticipation of trial and provide it to the defense. Your legal assistant will know how to order a lit packet.
Resources
CDAC Videos
Toxicology in Drug-Impaired Driving Cases—Part 1
Toxicology in Drug-Impaired Driving Cases—Part 2
Widmark Calculations and BAC Extrapolation
Blood Alcohol Pharmacokinetics and Retrograde Extrapolation
Colorado Resources
CBI Forensic Toxicology Testing
National Resources