If you are pulled over on suspicion of driving under the influence (DUI) in Georgia, you could be asked to prove your sobriety through a blood test. If you refuse, which is your right, state law allows many police departments to request a DUI blood test warrant.
This means that your blood can be drawn without your consent. A Georgia DUI prosecutor must prove that your blood alcohol was .08% or higher to make her case. For drivers under 21, the percent is .02%, and for commercial drivers, .04%. Blood testing is the most accurate way to determine blood-alcohol levels, so prosecutors prefer this type of evidence.
How a Blood Test Warrant Works
While every situation is different, a warrant to test your blood will most likely follow these steps:
- The arresting officer will notice and note your behavior, the smell of alcohol on you or in your vehicle, slurred speech, or other typical signs of DUI.
- At this point, he may order a blood test.
- If you refuse, the police department may make the decision to contact a State Judge.
- The Judge will be asked to provide a search warrant allowing the police to test your blood. There must be probable cause to do this.
- If the Judge grants the warrant, your blood will be tested immediately, probably at the police station.
- The blood test results are then sent to the state crime lab where the results are determined and used in the prosecution’s case against you.
All of this may seem impossible in a free society, but it could happen to you. If you or a loved one has been arrested for DUI in Georgia, don’t wait a single moment longer. Call the Law Office of Scott Miller in Alpharetta immediately. There are many defense strategies that could help you.
