Blood Test Defense

This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is intoxicated by drugs. If you do not agree to it, a warrant may be issued, and at that time, a blood sample will be taken with or without your consent.

A lot of confusion surrounds what your rights and obligations are with respect to drunk driving and blood tests. To do one thing and not the other can have a significant impact on any criminal charges laid against you or administrative penalties imposed on you in Georgia.

At Johnson Law Firm, our DUI defense attorney in North Georgia wants to ensure you, as our client, are informed and understand both your rights and the consequences that flow from missteps taken when encountering the police during a DUI investigation. Contact us today at (706) 230-5944 to schedule a consultation.

DUI blood tests are chemical tests commonly used in Georgia by the police to determine or verify whether and to what extent an individual unlawfully has alcohol or drugs in their system. It is used most often in two circumstances:

Blood tests produce more accurate results than the other two chemical tests associated with intoxicated 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 draw blood to collect a test sample.

The simple answer is yes. Keep in mind, however, that a refusal in Georgia can have significant consequences. The same is true even if you are never convicted of an intoxicated driving offense in North Georgia because you will still be hit with administrative penalties.

When you obtain a driver's license and drive anywhere in the United States, you have implicitly implied to agree to obey the laws of each state, and each state has its own version of implied consent laws. Basically, by agreeing to obey the rules of the road, you also implicitly agree to chemical tests.

Thus, if you are suspected of drunk driving and are asked to consent to a breath or blood test but refuse, there are automatic administrative penalties placed on you. These penalties include fines and license suspension.

If you do refuse to give a blood sample (or refuse a breath sample), the police can quickly obtain a warrant to collect a sample. In the end, if you refuse, you will likely still have to give a blood sample.

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

If probable cause exists, a blood test can only be administered in most states if one of the following occurs:

Blood tests provide better 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.

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 often neglected.

DUI defense attorneys in North Georgia who have the right experience, knowledge, and skill in these types of cases will 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.

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

When blood tests are admitted into evidence, your defense attorney still has options. Finding the right DUI defense lawyer in North Georgia will be key to a successful outcome in your DUI case.