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Voluntary Recall of Test Tubes Might Impact DUI Cases in Colorado


Medical technology company BD recently recalled 240,000 vials that were used to test the blood alcohol concentration of individuals arrested for DUIs. The tubes lacked a crucial preservative that prevents blood from fermenting. Without this compound, results yielded from the faulty DUI blood test kits might have been inaccurate, which could impact conviction decisions that were based on these tests.

Attorney Danny Luneau told Fox31 Denver that the recall might affect numerous cases. “You could potentially have felony DUI cases thrown out. You could potentially have DUI homicide cases being thrown out where blood was collected in those cases,” he said.

BD delivered the defective vials to facilities between August of 2018 and May of 2019. The company stated that only about 300 tubes were affected, and it has recovered 199 of those.

Although redundancy measures are in place to prevent technicians from using kits that do not contain the preservative, once blood is collected in the vial, it’s impossible to tell whether or not the tube had the powder. Luneau said he was notified that 4 of his clients were tested using now-recalled kits.

In many DUI trials throughout Colorado, the state’s case may have relied on the results of defective blood kits as evidence. Because of this, innocent people might have pled or been found guilty of driving under the influence. Individuals affected by the recall might have grounds to file a motion for the conviction decision to be overturned.

Schedule a Free Consultation with Fife Luneau, P.C.

Our experienced attorneys are dedicated to providing effective legal counsel to individuals charged with DUIs. If you were arrested for a DUI or might have been affected by the blood kit recall, contact our team as soon as possible. When you work with us, we will keep your best interests in sight as we fight the evidence presented in your case and seek a favorable outcome on your behalf.

Allow our team to provide the fierce legal defense you need. Call us at (720) 408-7130 or contact us online.