Being arrested for a DUI offense for the first time can be a very scary experience. You may well be treated as a criminal and taken to jail, even though you have never received a single traffic violation before.
One moment, you are a respected citizen; the next, you are a criminal. And sometime during this process, you may be given a blood test to measure your blood-alcohol content (BAC). Does this mean you are likely to be convicted?
About Georgia DUI Blood Testing:
There are three types of chemical BAC testing used in Georgia: breath, urine, and blood. Of these three, the most accurate is the blood test. In our state, this test is usually administered at a qualified medical facility, not the police station.
In Georgia, the field officer can choose which kind of test to administer; for this reason, you may likely be given a blood test because of its accuracy. A blood test is also often ordered if you are suspected of having illegal and/or prescription drugs in your body.
Questioning Georgia DUI Blood Test Results
Blood-alcohol testing must follow very specific legal rules and procedures. Here are just a few questions your north Georgia DUI defense attorney might ask:
- Are the results accurate? Maybe the medical personnel did not follow the proper procedures in taking and/or handling your blood sample. After all, people administer these tests, and people make mistakes. If one was made in your case, the results could be inadmissible in court.
- Were you injured at the time the test was taken? If you were taken to the hospital with injuries, say, from an accident, your blood test results could be as much as 25% higher due to trauma and bleeding.
- When was the test given? Blood alcohol can rise for up to three hours after consuming alcoholic beverages. If your blood was drawn later in this time period, it could be argued that you were actually under the 0.08 percent limit when driving. Witnesses who can verify that you just had a drink before driving could help prove that you were under the limit.
To better understand the many defense strategies in a north Georgia DUI case, contact Scott Miller in Alpharetta. The Law Office of Scott Miller offers a free initial consultation and the kind of hard work and aggressive defense you need. Call us today at 770-408-1001 to find out what we can do for you.
