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Since a DUI blood test is actually voluntary, you may wonder how a warrant can be approved and issued for such a test. If a police officer has sufficient probable cause, to show that you may be in excess of the legal BAC limit, they can then contact a judge to request a search warrant to obtain your blood. In most instances, these warrants are requested of a magistrate judge by phone and received by ELECTRONIC means.
Some of the evidence that can be used to show probable cause are your behavior (admission of drinking or using drugs, alcohol smell, stumbling, unsteadiness on your feet, slurred speech), your appearance (flushed face, red, bloodshot eyes, disheveled clothing), and your performance on the field sobriety tests conducted on the roadside which are VOLUNTARY, as well as hand-held portable breath analyzer used by police officers during the DUI traffic stop.
If you have been recently arrested for impaired driving due to alcohol or drugs, and have been forcefully subjected to a DUI blood test as a result of the issuance of a search warrant, then it is advisable that you contact a Georgia DUI defense attorney immediately. We have discovered ways to successfully oppose all aspects of these blood draws which are considered forced.
These blood tests also are not always without error, as many factors can contribute to your BAC results being falsely overstated. Experienced and skilled DUI attorney Diana Whipkey Young attacks the process in which:
Your most realistic chance to successfully exclude the results of the blood test, is through a detailed, thorough and aggressive defense.
If you are charged with a DUI and a blood test was requested or taken, there is a new case that may significantly affect your case. The Georgia Supreme Court in late March, 2015 decided the case.
In the case, Williams had moved unsuccessfully to suppress the results of his blood test results. He had argued that they should not be admitted into evidence. His argument was based upon a violation of his federal and state constitutional rights. The blood test had been obtained without a search warrant.
When someone is arrested for Driving under the Influence or is involved in any serious traffic accident in Georgia, there is a statute called the “Implied Consent Statute” that declares that such person has impliedly given consent to have his bodily substances, such as breath, blood, and urine, testing. This testing is for the purposes of determining the alcohol or drug content of the bodily substances. Refusing to comply with such test or tests can result in the person’s driver’s license or privilege to drive in Georgia to be suspended.
Now, it appears that merely consenting impliedly pursuant to the Georgia Implied Consent law may not be sufficient in the context of a blood test DUI. It is not clear whether this will be extended to breath and urine and other bodily substances DUI cases. At least in the context of the blood test DUI, more is required. Either a search warrant has to be obtained or “actual” consent has to be given for the blood test to be done. “Actual consent” has to be made freely and voluntarily. This is an important new case affecting DUI cases and involves complex constitutional issues.
If you are facing DUI charges, contact The Young Law Firm at 770-795-9596. It is also easy to contact us online and we will return your message promptly to discuss your situation.
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