Georgia DUI Blood Test

In the state of Georgia, it is up to the arresting officer in a DUI investigation to request either a breath or blood test. The officer is required by law to read the Implied Consent Warning, which explains the penalties for refusing to take a chemical test. The officer must also advise the driver of the “per se” violation, which states that it is illegal for a person to operate a motor vehicle with a blood alcohol content of .08% or more.

Before a police officer can request a person to take a blood test, he or she must have probable cause to believe that a person is DUI. Unlike a breath test, a blood test must be administered by qualified medical personnel, such as a nurse, paramedic who may be at the scene if there was an accident, or an emergency medical technician. In the event that you were unconscious, it is legal for a paramedic to administer a blood test without your consent.

In order to obtain a blood sample, the police officer must witness the blood being drawn. He or she will also provide the medical personnel with a blood withdrawal kit. The blood sample must be drawn as close to the time of the arrest as possible to ensure the most accurate reading.

Once the blood sample is obtained, a forensic science lab will analyze the results using gas chromatography. This is where having an experienced DUI defense attorney like The Law Office of Larry Kohn comes into play.

The more your attorney understands about gas chromatography, the better. From standard operating procedures to the legal requirements of analyzing blood, a skilled attorney may find an error that could have affected your blood sample. If challenged successfully in court, your attorney can deem your blood test sample as inadmissible in court and a judge or jury will never see the test results. In fact, if your case goes to trial, a jury may never know that a blood sample test result was withdrawn.

For more information on blood testing in Georgia, please contact The Law Office of Larry Kohn.