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Georgia DUI Blood Test Warrants and Forcible Blood Draws


In a driving under the influence (DUI) case, the most significant item of evidence the prosecution may have against the accused impaired driver is the blood alcohol content (BAC) or drug content results from a forensic test. Because this evidence is so important, some law enforcement agencies in Atlanta and throughout the State of Georgia are now opting to seek a warrant for a DUI blood test when a person suspected of impaired driving refuses to take a chemical test. This has been permitted under Georgia law since 2006.

Why are chemical tests so important? The legal BAC limit for Georgia drivers over 21 is .08%. Drivers under 21 and commercial vehicle drivers have a much lower BAC limit; .02% and .04%, respectively. By administering a chemical test (breath, blood or urine --- or all 3 tests in Georgia), the police officer and prosecution have concrete proof that the driver was over the legal limit. Also, if blood is drawn from the suspected impaired driver, if the blood alcohol content is low, the GBI will have the blood re-tested for various types of impairing drugs – prescription or contraband.

In most DUI cases, a breathalyzer test is used to determine BAC because it is readily available across Georgia – about 550 machines --- and is easy to use by the arresting officer or another qualified breath test operator. These machines are located in all county jails, and at many municipal police stations. Additionally, the breath machine may be administered from a mobile van, or even from the back of a police SUV or patrol vehicle.

Unlike a blood test, which must be administered by certain qualified medical professionals (doctor, nurse, phlebotomist, EMT, etc.)  However, because a blood analysis done by gas chromatography measures alcohol directly from the bloodstream instead of estimating a person’s indirect alcohol content from measuring the amount of alcohol in a breath sample, the DUI blood test is considered to be much more accurate.

Drivers do have the right to refuse to take a chemical test in Georgia, but under the Georgia IMPLIED CONSENT laws, the driver who refuses testing may face a ONE YEAR loss of ALL driving privileges. For a first breath test refusal offense, your license can be suspended for one year. Plus, the police can then obtain a warrant for your blood, and hold you down to FORCIBLY draw your blood --- using that blood test result against you at trial. The length of the suspension can be increased for each subsequent DUI offense for which a refusal occurs.

You may wonder how a warrant can get approved for a DUI blood test if the test itself is voluntary. When a police officer has enough probable cause to show that you are likely to be over the legal BAC limit, he or she can contact a judge and request a search warrant for your blood. Many times, these warrants are obtained ELECTRONICALLY, by a phone call to a magistrate judge. Evidence that may be used to show probable cause includes your behavior (smell of alcohol, admission of drinking or using drugs, slurred speech, stumbling, unsteady on your feet), your appearance (red, bloodshot eyes, flushed face, disheveled clothing), and your performance on the VOLUNTARY, roadside field sobriety tests and hand-held portable breath analyzer that police officers will try to use during the DUI traffic stop.

If you were recently arrested for impaired driving (alcohol or drugs) and forced to submit to a DUI blood test under the authority of a search warrant, you should immediately contact an experienced Georgia DUI defense lawyer. We have found ways to successful attack every aspect of these forcible blood draws. Moreover, blood tests are not always accurate—there are many factors that could falsely overstate your BAC results. Additionally, skilled DUI attorneys attack every aspect of the blood collection, the chain of custody, the handling and storage of the blood, to maximize your chances of winning your case. Only through a thorough, aggressive defense will you have a realistic chance to exclude the blood test results.

To learn more about how to fight Georgia DUI blood test results, please contact our law office today.

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