A recent landmark legal decision has the entire Colorado DUI system in a frenzy, as the primary evidence in thousands of cases could be thrown out. Judge David Taylor of Gilpin County issued a court order that questioned the legitimacy of the state’s breathalyzer machines.

The case found that Intoxilyzer 9000 machines, found in jails and police stations all across the state, were being certified and signed off using forged signatures. As a result, the evidence acquired by these machines was acquired under false pretenses and may not have been accurate, a sentiment reflected in Judge Taylor’s orders. While he stated he didn’t think actual fraud was at play, Taylor’s decision did say there was wrongdoing.

Local news media sought Attorney Danny Luneau of Fife Luneau, PC, a Denver DUI attorney, for his opinion on this ruling. He was recently quoted in five local news stories from media outlets in the city.

• On Fox 31, Mr. Luneau discussed the gravity of the state’s misdeeds, including discussing how the Department of Health created a massive problem for both themselves and the court system. The quote also mentioned Attorney Luneau’s previous involvement in cases that have led to this decision: a case last year in which he called the state’s machine certification methods into question.
• With CBS 4, Attorney Luneau spared no punches when it came to detailing the gravity of this mistake, saying “It will affect thousands of cases. Any breath test case from July 2015 through February 2017 will be affected.” He also made it quite clear that this ruling didn’t automatically dismiss these cases, saying “I think it’s highly likely that the Judge’s ruling will be appealed by the prosecution as it opens a floodgate of problems.
• NBC 9 told much of the story of how Attorney Luneau put the state’s breathalyzers under the spotlight of scrutiny when he challenged their certification. It also included much longer excerpts of the decision by Judge Taylor, including some scathing segments regarding the conduct of the Department of Health.
• A previous NBC 9 story on the matter from last month broke the findings about the breathalyzer machines and Attorney Luneau’s efforts to show their falsified certifications when the issue first became public. They discuss arguments that Attorney Luneau put forward in the case, including bringing in Mike Barnhill to testify that his signature was being forged.
• Finally, in a story which Fox 31 published after Mike Barnhill’s testimony became public, Attorney Luneau was able to show copies of the certifications with forged signatures issued to clear the Intoxilyzer 9000 machines for public use. The story also discusses Barnhill’s claim untrained technicians were using his signature to sign off on the machines before the state’s certification deadline.

If you have been accused of DUI charges in Colorado, Attorney Danny Luneau of Fife Luneau, PC can help! Attorney Luneau’s attention to detail and thorough knowledge of the law and the DUI process make him a formidable representative in court. In addition to this landmark case, we have been recognized by Super Lawyers® Magazine, as well as being recognized by the National Trial Lawyers Association.

If you have been arrested for DUI, call Fife Luneau, PC today at (720) 408-7130 to fight back and protect your rights and driving privileges!