Understanding DUI Arrests and Blood Tests in Georgia

In Georgia, DUI is a serious criminal accusation. After a DUI arrest, an officer may request a blood sample. If you choose to not voluntarily agree to submit to providing a blood sample, a search warrant may be issued and at that time, a blood sample could be taken with or without your consent. A lot of confusion surrounds what your rights and obligations are regarding DUI traffic stops, arrests, and blood tests. Whether you consent to a blood test or not can have a significant impact on the strength of the State's case against you and potential administrative penalties imposed on your privilege to drive a vehicle.

At Owens Law, P.C., we want to ensure you, as our client, are informed and understand both your rights and the consequences that could flow from missteps taken when encountering the police during a DUI traffic stop and investigation. Contact us today at (678) 661-1384 to schedule an initial consultation.

What are DUI Blood Tests?

DUI blood tests are chemical tests commonly used in Georgia by the police to determine or verify whether and to what extent an individual has alcohol or drugs in their system.

When the blood sample is collected, stored, and transported to the testing facility properly, blood tests produce more accurate results than the other two chemical tests associated with impaired driving cases: breath tests and urine tests. A blood test is also much more intrusive. With breath tests, you simply blow into the testing machine. With urine tests, you urinate into a cup. With blood tests, however, a qualified medical professional must use a needle to draw blood and collect a test sample.

Can I Refuse a Blood Test in Cobb County, Georgia?

The simple answer is yes. In Georgia, a state-administered blood test is considered to be a search under the United States Constitution. And just like you have to right to refuse to allow the police into your home to collect evidence against you without a warrant, you have to right to refuse to allow the State to enter your body to collect evidence against you without a warrant. Keep in mind, however, that refusing to submit to a blood draw can have significant consequences to your driver's license due to Implied Consent laws.

Implied Consent simply means that, when you choose to drive on the roadways of Georgia, you are implicitly agreeing to submit to chemical testing of your blood, breath, or urine at the request of law enforcement after you have been properly arrested for DUI in Georgia. Thus, if you refuse to submit to chemical testing after a DUI arrest, the arresting officer is supposed to begin the process of administratively suspending your driver's license for a year independently of your actual DUI case.

If you refuse to submit to a blood test, the police have the option of asking a judge for a search warrant to collect a blood sample.

When Are DUI Blood Tests Allowed in DeKalb County, Georgia?

Police must have probable cause that you have been driving under the influence of alcohol or drugs and arrest you for DUI before they can request a blood test. Probable cause can be obtained in many ways, like abnormal driving, slurred speech, a failed sobriety test, or the smell of alcohol or drugs, among other potential indicators.

DUI Blood Tests in Atlanta, Georgia Can Be Unreliable

Blood tests provide more reliable results than breath tests. Not only can a blood test determine a more accurate blood alcohol content (BAC) level, but it can also identify specific drugs and the amount of those drugs in your system.

That said, even if they are more accurate, they can still be unreliable when certain issues are present.

Common situations that could lead to the suppression of a blood test result in DUI cases in Sandy Springs, Georgia include:

Too long of a waiting period between arrest and administration of the blood test
Contamination of the blood sample
Improper preservation or storage
Improper transportation of the sample
A gap in the sample's chain of custody
Drawing of the blood sample by an unqualified person
a lack of consent in the absence of a valid search warrant

In addition, the technology and machines used to analyze the blood samples could have problems that make the results unreliable. These machines require regular maintenance but are sometimes neglected.

As an expert DUI defense attorney, we have the right experience, knowledge, and skill in these types of cases to be able to identify unreliable blood test results. A motion to suppress or exclude the results can be timely filed and strategically used in your defense.

How DUI Defense Lawyers Can Challenge Blood Tests in Fulton County, Georgia

DUI blood tests can be excluded from evidence under certain circumstances. An expert DUI defense lawyer should identify when those circumstances are present and take strategic action to exclude the evidence.

As noted above, a court can exclude blood test results when conditions make the results unreliable (e.g., mishandling of the sample). The court may also suppress blood test results when a defense lawyer can prove there was:

Prosecutorial misconduct
Police misconduct
Issuance or enforcement of an invalid warrant
Violation of your constitutional rights

When blood tests are admitted into evidence, your defense attorney still has options. For example, they can

Retain an independent lab to perform additional blood testing
Hire an expert to testify about any circumstances that could have produced inaccurate results

Finding the right DUI defense lawyer will be key to a successful outcome in your DUI case.

Contact Owens Law, P.C. Today

At Owens Law, P.C., we understand the complex nature of Georgia DUI laws from both sides of the aisle, the technical and scientific aspects of blood tests, and how to strategically fight the allegations to get the best outcome in your unique case.

We want you to know that just because you are charged with DUI, it does not mean you will be found guilty. We have successfully defended hundreds of clients against these types of charges, but you need an expert DUI defense attorney who can help you do it. Call our office today at (678) 661-1DUI (1384) or fill out an online form to schedule an initial consultation.