Chemical/Blood Testing DUI
DUI Defense Topics
DUI Related Blood Test
A part of every DUI arrest is an element known as implied consent. Under this part of Georgia DUI laws, the legal obligation of the accused is that, by virtue of having a Georgia driver’s license, consents to take a chemical test (blood test) if suspected of driving under the influence. This could include being under the influence of alcohol, marijuana, prescription drugs, or any number of illegal substances.
What Does a Blood Test Prove?
A blood or chemical test determines a person’s current blood alcohol content (BAC). A blood test can also detect the presence of marijuana, cocaine, pain pills, fentanyl and a wide range of pharmaceutical drugs. Any trace of something that might impair your driving can be used to justify the arrest and charges.
The police cannot force a blood test without legal consent from you unless they have obtained a special search warrant. Drawing and testing blood must be done by at a medical facility and according to Georgia rules and regulations. Under Georgia law, you can demand to have a blood test done by an independent services (at your cost).
Can I Refuse a Blood Test?
Yes, you can refuse to submit to a blood test, however; there are consequences. A refusal to submit to a test forces an implied consent violation. This results in a pending action for suspension of your driver's license. In this case, you have only thirty days to file a DDS appeal, or install an interlock device on your motor vehicle.
If you have been arrested for DUI you should contact a DUI lawyer to discuss your case. We can help you to develop the best possible defense to keep your license and fight a DUI conviction.