Grand Junction, CO asked in Civil Rights, Criminal Law, DUI / DWI and Health Care Law for Colorado

Q: Does it matter if the police arrested you before/after the ordering of the urine & blood tests or having the results?

I was unlawfully detained by fire/ems & threatened to go by amb to the hosp. or they'd call the cops. I was threatened with jail if I didn't sign the ER consent. I was told the same if I didn't step on the scale & do the sobriety tests (in the ER). I finally was allowed to go pee (told to leave my UA in an unattended BR, (no lid, no name) & then did a BA. I was again threatened with jail if I didn't sign the consent for a blood test. Against my wishes, I did & blood was drawn. One cop came & said I was going to be arrested for DUI.Was going to call for an atty. & the cop grabbed my phone & took it away. Another cop came & arrested me, stating, "from the results of the blood test". The order times were 5:42p.m. (UA) & 6:00(blood). The arrest time was 5:55. The results for the UA-6:05 p.m. & blood-glusose was 6:08. The blood test was sent off to the CBI for analysis, which was submitted 4 days later. Doesn't show how it got there/tracking or how it was stored.

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: The time of the arrest may be an issue, but the timing of the arrest usually does not impact failed test results. When you get a lawyer (either a PD or hire a private criminal lawyer) you can discuss the potential inadmissibility of the urine/blood tests.

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