Under Georgia's implied consent law, an officer who has arrested someone for DUI has the right to obtain blood from that person. Increasingly, blood tests are being performed after a search warrant is obtained, even if the subject has refused to give their blood or breath for testing. In Metro Atlanta counties, this trend has essentially made the driver's refusal right obsolete.
If you have been arrested for DUI and the officer drew your blood, either after getting a warrant or because you gave permission under implied consent, you can bet the results of the testing will be used in your case. DUI blood tests in Georgia are sent to the GBI's crime lab for analysis and can take months to be returned to the arresting agency and prosecutor in your case. Often, court hearings are postponed to wait for these results.
If your driver's license was taken after your DUI arrest, then you will want a lawyer to send a letter on your behalf to the Dept. of Driver Services challenging any suspension that might result. If you consented to the blood test, the officer should not attempt to suspend your license unless he finds out your results were over the legal limit in Georgia. If you are alleged to have refused testing and your blood was obtained with a search warrant, then you could still be facing a tough 12 month suspension of your license- even though the cop did get a test from you.
Both myself and my law partner have handled many cases involving blood tests in DUI cases. If you have been arrested and a blood test was performed, call or email us today to speak to us about building your defense. We can be reached 24/7 and are available for weekend appointments. Blood tests are not and open and shut case despite their reputation as being very reliable. Call us today to discuss your defense.