DUI Breath & Blood Tests in Georgia

DUI Defense Attorneys in Marietta Explain Your Rights

Since 2006, police departments throughout Georgia have had the legal authority to pursue a warrant for a blood test when a driver suspected of DUI refuses other types of chemical blood alcohol concentration (BAC) tests (e.g., breath or urine). A blood test can directly measure BAC, typically believed to be far more accurate. Whether or not you have voluntarily submitted to any kind of chemical BAC test, however, there are many factors that can make them inaccurate – even a blood test.

Furthermore, the law enforcement officer administering the breath test or seeking a warrant for a blood test may not have followed proper protocol. At Henrickson & Sereebutra, LLC, our Marietta DUI lawyers will use their nearly 30 years' experience to explore these factors and develop a solid criminal defense strategy for your case.

Your Right to Refuse Chemical Breath & Blood Tests

As a Georgia driver, you have the right to refuse a chemical BAC test. However, under the law of implied consent, you may be punished for refusing a chemical test requested by the officer. By refusing the test, the officer could take away your driver's license and issue you a temporary permit. At this point, you have 10 days to request a hearing with the Georgia DDS to appeal the suspension. If you do not request a hearing in this time, your license could be automatically suspended for a full year.

Officers May Still Take a Blood Sample After You Refuse

Even if you refuse to submit to a BAC breath or blood test, the police can still acquire a warrant for testing and forcibly draw a sample for evidence. This process can take place very quickly if the officer has a reasonable suspicion that your BAC is above the legal limit. Just a phone call to a magistrate judge is often all it takes. This means that refusing to submit to a test may not always be the best option.

Probable cause to secure a warrant may only require the following:

  • Slurred speech
  • Unsteady gait
  • Smell of liquor/drugs
  • Red/bloodshot eyes or face

However, it is important to be aware of your right to refuse and take note of police procedure—any misleading behavior or other mishandled police procedure may come to your defense in court. No one deserves to suffer the consequences of a wrongful DUI arrest. Our criminal defense attorneys help clients in Marietta and elsewhere in Georgia protect their rights and their future in these situations.

Review Your Case with the Team - Call 888-816-4396

If you have been subjected to chemical BAC analysis such as a breath or blood test and are concerned about whether it is possible to successfully challenge this evidence in your DUI case, contact us right away. They will use aggressive techniques to attack the validity of these tests no matter what the charges are against you. Let the firm's reputation for success work in your favor.

Contact Henrickson & Sereebutra, LLC

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