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Warrant Required To Obtain Blood or Urine Test


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If you're charged with the offense of vehicular homicide or serious injury by vehicle in almost every case the police are going to request the blood and possibly a urine test. They're not even going to bother with the breath test because they're looking at all of what's in your system. They don't have an automatic right to take you down for a blood test. That's been decided by the Supreme Court of Georgia in 2003 and again in 2005. The officer if he or she suspects any type of drug use, prescription or otherwise, or alcohol, they don't care and they have probable cause to make an arrest for that they're going to request a blood test.

In Georgia you can say no. They have to then get a warrant for the blood that has to be signed by a judge and must be authorized by a court and those are sometimes subject to challenge because they make errors trying to get them. Rest assured that if you are going to get a blood test they are going to try and take it all the way to the limit. The average sentence is not possible to tell you because it varies from jurisdiction to jurisdiction, but fifteen years is the maximum. If you have a bad history you’ll be expecting ten or more years in prison. You generally have to serve 90% or more of that sentence. There is no early out on a serious case like that.

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