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) 470-7638 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 the right to refuse to allow the police into your home 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.