In court documents, Aurora City Council member Rob Andrews’ legal team is requesting proof that the officer who breathalyzed him and determined he was driving drunk was certified to do the breath alcohol test.

Andrews, elected to the City Council in November, was pulled over on Jan. 17 and arrested on suspicion of a DUI, the Aurora Police Department said, after he was weaving and made an improper left-hand turn.

A breathalyzer test, which Andrews voluntarily complied with, showed his breath alcohol content as 0.252 grams of alcohol per 210 liters of breath, the offense report obtained by The Denver Gazette in January said.

In Colorado, the legal blood alcohol concentration limit is 0.08%.

APD officials confirmed that Andrews, 41, was arrested and kept overnight on a detox hold at the Aurora Detention Center following the incident.

He faces charges of DUI, driving with excessive alcohol content, changing lanes when unsafe (weaving), and making a left turn from the wrong lane.

The next day, Andrews released the following statement:

“On Saturday, January 17, I was pulled over by Aurora police after making an improper U-turn. After sobriety testing, officers determined I was not fit to drive.

I take full responsibility for my decision. I am deeply sorry — to my family, to the people I serve, and to everyone who expects better from me.

I am grateful no one was hurt. That does not lessen the seriousness of what happened. I am cooperating fully with the legal process and working closely with my family and counsel as this moves forward. Accountability has to mean more than words. …. I am sorry. I will do better, and I will prove it through my actions.”

Court documents filed last month, obtained by The Denver Gazette on Thursday, show that Andrews’ legal team is questioning the legitimacy of the breathalyzer test conducted by APD Ofc. James Shupe.

The Colorado Department of Public Health and Environment requires operators of evidential breath alcohol tests to renew their certification annually, according to court documents.

Attorneys for Andrews claim they got records through the Colorado Open Records Act showing Shupe was not up-to-date on his certification.

Shupe completed a 2024 recertification course on Nov. 18, 2024 and did not take his 2025 recertification until Dec. 6, 2025, a period that exceeds CDPHE rules, the attorneys claim.

In a motion for specific discovery filed in mid-February, Andrews’ attorneys from Fife Luneau, P.C. asked the prosecutor to provide their team with copies of records showing Shupe’s EBAT certification.

Andrews is scheduled to appear in Arapahoe County court for a pretrial conference on April 21 at 1:30 p.m.

APD spokesperson Gabby Easterwood told The Denver Gazette Wednesday that the claims against Shupe’s certification status are “inaccurate.”

Shupe completed his refresher course in 2025 by the deadline set by the CDPHE, and would not have been able to operate the breathalyzer device if his certification had lapsed, Easterwood said.

He is due to recertify again in early June.

Andrews is an at-large councilmember and serves as the chair of the Public Safety Committee. He also serves on the Courts and Civil Service, Water, and Transportation, Airports and Public Works committees.

He helped swing the previously conservative City Council to a progressive majority in November after Aurora voters picked Andrews, Councilmembers Amy Wiles and Alli Jackson. Conservative incumbents Danielle Jurinsky, Steve Sundberg and Amsalu Kassaw were all voted out.