Legal Question in Criminal Law in Colorado

right to urinalysis retest

My brother was in a halfwy house & providing urine samples as required. He is a welder & naturally drank lots of water to stay hydrated. He does not use drugs or alcohol. His urine test came back as ''diluted'', w/ a creatinine level of 16. Subsequent hair analysis (paid for by him)revealed no trace of illegal drugs, but the halfway house would not accept or care about these results. He received a ''Code of Penal Discipline'' disciplinary write-up & was transported to the county jail awaiting transport back to prison.

He is appealing this COPD write-up/conviction, but I want to know if he has/had a legal right to a retest? He asked the halfway house & they refused.

From my research one test w/ a low creatinine level does not prove anything. You must be tested over a 24 hour period to determine YOUR normal baseline creatinine level.

Does he have any rights or remedies legally to pursue?

Thank you!

debra


Asked on 9/09/05, 12:21 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: right to urinalysis retest

Your brother has a right to appear in front of a judge prior to being sent to prison. These issues should be raised by his attorney at this hearing. The judge can do a number of things, including attempting to help him get back to ComCorr or sentencing him to probation. All this will depend on original charges etc.

ComCorr does not have to take him back. But, sometimes with a little help from an attorney, judge, prosecutor etc, they will re-evaluate their decision.

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Answered on 9/09/05, 12:40 pm


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