Blood Testing in Georgia DUI Cases
If pulled over for a suspected DUI in Georgia, there are multiple ways an officer can test a person's blood alcohol concentration (BAC): breath tests, blood tests, or urine tests. Blood testing is considered to be the most reliable of the three tests. However, police officers are unable to administer blood tests due to the medical risk involved. The test must be done at a medical center by a qualified individual, and multiple rules must be followed in order for the test results to be admissible in court. Because of the complexity of blood tests and the fact they cannot be given on the side of the road, the most common test used for DUI arrests in Georgia is the breath test.
However, if given a blood test and it was over the legal limit or you refused the test, contact our blood test attorneys in Georgia today! We need to act quickly to gather evidence and protect your driving privileges in Georgia.
The 30-day letter must be sent in any case where the driver is accused of refusing to submit to the State's chemical test of a person's blood, breath, or urine. While we recommend our clients to send a letter in every Georgia DUI case, they are required in a refusal case. Your case cannot be defended without a 30-day letter.
Why Would I Take a Blood Test in Georgia?
Many people are confused as to what tests are mandatory and which tests they can refuse in Georgia when pulled over for a suspected DUI. The alco-sensor test is voluntary. However, if an officer reads you Georgia's Implied Consent Law, then you are required to submit to the state-administered chemical test of your blood, breath, urine test, or other bodily substances. If you submit to the test and the results show a blood alcohol concentration (BAC) greater than .08, then you will be charged with a DUI per se if you are over 21. You will face criminal charges for being accused of a DUI, but you will also have a case with the Department of Driver Services that you will have to resolve. This is done through an administrative license hearing.
What Happens If I Refuse a Blood Test in Georgia?
Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances to determine whether you are under the influence of alcohol or drugs. If you refuse the test, your Georgia driver's license will be suspended for at least one year. Additionally, the refusal can be introduced as evidence against you if the case goes to trial.
However, if you have refused a Georgia blood test, you still have hope for your case! Call our offices today to get the help you need. We understand refusals in Georgia DUI cases and how the Georgia Implied Consent Law works.
Do I have Defenses If I Refuse a Blood Test in Georgia?
There are always defenses in a Georgia DUI case. If your BAC was calculated using a blood test, there are still ways of challenging the result. The test must have been properly, collected, stored, refrigerated and tracked.The agency must have a log of where the blood work was at all times and who transported it. They must also log how it was analyzed. If just one step wasn't followed, then the results of the test will be inadmissible. For instance, the blood tests must be transferred immediately, or the blood may start to decompose, and it can make the test inaccurate.
Another challenge with blood tests is that it can be difficult to get everyone to court to testify about the blood results. There is also a mountain of paperwork that coincides with blood tests and sometimes, it can take a long time to get the documents through discovery. All of these difficulties are good for your case! But the best step you can choose for your case is to contact an attorney the moment you get arrested. The more time you can give your lawyer, the better. They will be able to comb through your blood test results carefully and scrutinize the findings.
If your goal is to challenge the blood testing in your case, contact the experts that do this every day. We will explore all the arguments related to your situation and build a winning defense. Our Georgia Blood Testing Attorneys have extensive experience challenging blood tests for our clients. Contact us today, and we will walk you through every step of the DUI process in Georgia.