I have been back and forth to court for a DWAI stop of myself by a Colorado police officer at the beginning of August 2011. I have been rescheduled 3 times at court because the DA stated the blood sample taken was somewhere at health department..... they were/ are awaiting paperwork. I am again scheduled to go back to court on January 24, 2012. I have not recieved an answer in mail. The driver license department has not revoked my license either. Obviously, this has gone on 5 months. Is there statute of limitations on how long this should be taking to get the blood sample results?
2 Answers from Attorneys
Not anymore. Colorado used to require that blood samples get tested within 10 days; then it went to 15 days; then for a number of reasons the state lifted that restriction and now they can essentially test samples whenever they get around to it. At the moment, the Department of Health (the organinzation that runs the lab) claims to be way behind, hence your delay. You might consider sending your second sample to an independent lab for testing, both so you have an answer for yourself, as well as a check against the state's work.
As usual, Mr. Cassens is correct. At your next court hearing, you could set it for trial. Then the DA will have to have proof of the DUI within 6 months (speedy trial). If they do not, you will either get a very good offer or a dismissal.
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