Blood Testing for DUI Arrests in Georgia
Blood testing for DUI arrests in Georgia has become more common in recent years for a few reasons. First, the blood test is considered more accurate. Secondly, blood tests can also test for drug use. And lastly, the Georgia State Constitution has some protection against breath tests, so more officers are being trained to administer blood tests.
Blood Tests Ordered
There are two ways that an officer can order your blood tested if they suspect you of a DUI: driver consent or a judge-issued warrant. If you agree to a blood test or a warrant is issued for one, you will be brought to a clinic or police station for the testing.
At this point, you have the right in Georgia to request independent blood testing in addition to the state test. This can be a good way to have evidence that could refute the state’s case in court. If you ask for this independent testing, know your rights! Officers are required to allow you access to information to locate a testing site, take you to the site, and allow you to withdraw cash to pay for it.
Can You Refuse Blood Testing for DUI?
So, do you have a right to refuse a blood test? Technically, yes. You can refuse to give consent for the test. But, there are two caveats to this. First, if you refuse a test, you will automatically receive a one-year driver’s license suspension under Georgia’s implied consent law. You have 30 days to contest this suspension. Second, if the officer has sufficient suspicion that you are intoxicated, they still may be able to get a warrant to obtain your blood sample.
Get Advice
If you were arrested for a DUI and your blood test showed an alcohol content over the limit, our office can help. There are ways to challenge blood tests in court, including proper administration, storage, and much more. Our office is well versed in DUI defense, we can help you find the best possible outcome for your case.