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.