DUI Blood Test Warrants in Georgia

Being pulled over on the suspicion of DUI in Georgia may lead to a police officer requesting you to submit to a breathalyzer, blood, or urine examination. While declining these tests could result in added penalties, it’s your right to refuse them. Nonetheless, in certain instances, police might pursue a blood test warrant after a DUI arrest if you decide against taking a chemical test.

 

The role of chemical tests in DUI cases is a major issue in many DUI cases. In Georgia, a BAC of .08% or above can lead to a DUI charge (the threshold is .02% for drivers below the legal drinking age and .04% for those operating commercial vehicles). The prosecutor will utilize your chemical test results to establish that you were impaired. Absent these results, the prosecution must depend on the arresting officer’s account of your conduct and appearance during the stop, and any video evidence. Since these observations are more open to interpretation compared to BAC figures, prosecutors generally prefer chemical test data for their cases.

 

To streamline DUI convictions, certain Georgia police departments might reach out to a judge for a search warrant under the authority of O.C.G.A. § 40-5-67.1(d.1) if there’s ample probable cause indicating that an individual is under the influence. Probable cause often stems from the officer’s observations, such as slurred speech, red eyes, presence of an open alcohol container, or the smell of an alcoholic beverage, all serving as potential evidence.

 

When a Georgia DUI blood test warrant is granted, the test is conducted at the jail or at a hospital or ambulance by qualified personnel. After collection, the blood sample should be forwarded to the GBI Crime Laboratory for analysis. The findings from this analysis, coupled with the officer’s report, form the evidence in the DUI proceedings.

 

In cases where you’re arrested for DUI in Evans or elsewhere in Georgia, and a blood test warrant is issued, consulting an experienced DUI attorney promptly is critical. Even if your BAC surpassed the legal limit, your attorney might identify several defenses that could benefit your case. They will assess the legitimacy of the search warrant and the correctness of the test procedure.

 

To understand more about Georgia DUI blood test warrants and strategies to contest your DUI charges, we encourage you to share your case specifics at your earliest convenience.


“If you, a family member, or a close friend faces criminal charges, contact The Nelson Law Group today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your particular case and our creative defense strategies with one of our experienced criminal defense attorneys. Nearly all the attorneys at The Nelson Law Group are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available. CALL THE NELSON LAW GROUP TODAY TO DISCUSS YOUR CASE”

 

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