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Craig, Moffat County, Colorado DUI Lawyer

IMG_0644-e1534455480832-768x1024Moffat County, Colorado covers an enormous area of 4,751 square miles in the Northwest corner of the state and is the second largest county in Colorado.  That’s a huge area for law enforcement to patrol!  District 4 of the Colorado State Patrol, Moffat County Sheriff’s Office, and the Craig Police Department enforce DUI laws in Moffat County.

In the year 2017 there were 94 DUI and DWAI cases filed in Moffat County, Colorado with an average BAC of .155.  DUI and DWAI cases are heard in Moffat County Court located at 221 West Victory Way in Craig, Colorado.  DUI arraignments are typically held by Judge Gardner on Tuesdays at 8:30AM in Division 2. Court dates and times can be confirmed by contacting the Moffat County Court clerk’s office at 970-824-8254.

If you submitted a breath or blood test in your Moffat County DUI or DWAI case, the law enforcement agency must comply with rules from the Colorado Department of Health and Environment, Laboratory Services Division.  A blood test must be collected in the presence of the arresting officer and the specific instructions for the DUI blood kit that must be followed.

The blood must be collected in a public safety facility or appropriate clinic and sterile equipment must be used.  It’s critical that a non-alcohol swab be used when drawing the blood.  Specifically, the swab must be an aqueous solution of nonvolatile antiseptic.  Two tubes are drawn and the tubes must contain Sodium Fluoride and Potassium Oxalate preservative.  Once the tubes are drawn, they must be correctly labeled and sealed in accordance with the directions for the draw and then placed in secured refrigerated storage at less than 8 degrees Centigrade or frozen until shipped.  The tubes must be shipped within 7 days of collection.  The Defendant’s attorney can have the 2nd tube tested at a certified independent lab within a reasonable period of time.  The chain of custody of these vials must also be documented.  It’s critical to review the entire blood testing process in the DUI case.

Similarly, a breath test on the Intoxilyzer 9000 machine must be completed in accordance with the same Colorado Department of Health and Environment, Laboratory Services Division rules (5 CCR 1005-2).  The machine must be certified and the operator must be certified to operate the machine.  According to the rules, the driver must be given a choice of which type of test he/she prefers to take (blood or breath).  A 20-minute deprivation period is required before administering the test on the machine.  During this 20 minute deprivation period, any foreign material must be removed from the driver’s mouth that is not permanent in nature.  No foreign materials should be introduced into the driver’s mouth cavity during the 20 minute period.  The cop must observe the driver continuously to ensure that the driver doesn’t belch, regurgitate, or intake any foreign material into the mouth cavity during the 20 minutes.  A clean mouthpiece before the 1st blow into the machine must be used.  Subsequently, the mouthpiece has to be changed out with a fresh one before the 2nd blow into the machine.  Sometimes the cops forget to change out the mouthpiece between the 1st and 2nd blow in the machine.  Not changing the mouthpiece between breath samples is a violation of the Colorado Department of Health and Environment rules for evidential breath testing.

The driver must be further observed during the 2nd blow into the machine to ensure that there is no belching, regurgitation, or intake of foreign material.  The driver must be removed from the area in close proximity to the breath test machine during the 2 minute period between the breath tests.  The breath machine operator must sign the report reflecting the breath test result and attest that the test was completed in compliance with the rules.  All printouts produced by the machine must be retained and provided to the driver or his lawyer.  Any errors in the testing process could invalidate the result.

DUI and DWAI cases in Moffat County are prosecuted by the 14th Judicial District Attorney’s Office.  This office handles all state criminal matters in Moffat, Routt, and Grand counties.

If you’ve been charged with DUI or DWAI in Moffat County Court in Craig, Colorado, contact Attorney Robbins today for a free case evaluation: 970-301-5541.  Attorney Robbins has experience defending DUI charges in Moffat County Court in Craig, Colorado and works hard to achieve the best possible results for his clients.

 

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