In Georgia, law enforcement can obtain a blood warrant to compel a blood draw if they believe you are driving under the influence, even if you refuse to consent. Attorney Simon Peed wants to ensure you understand your rights regarding blood warrants and how they may impact your DUI case.
What Are Blood Warrants?
Blood warrants allow police to legally draw your blood to test for alcohol or drugs after obtaining authorization from a judge. While in the past you could refuse chemical testing without immediate penalties, the state now aggressively pursues blood warrants to strengthen DUI cases and deter individuals from contesting charges.
Challenging Probable Cause
A blood warrant must be based on probable cause. If the officer lacked sufficient justification for the warrant, the evidence collected—such as your blood sample—can be suppressed. Without this evidence, the State may be left without a case.
Accuracy of Blood Tests
Although blood tests are often viewed as the most reliable form of chemical testing, they are not infallible. Common issues include:
- Improper collection, storage, or handling of the blood sample.
- Contamination or cross-contamination of samples.
- Use of outdated equipment or incorrect testing protocols at the lab.
- Labs prioritizing quantity over quality, leading to sloppy work and unreliable results.
Numerous scandals involving crime labs highlight how these factors can produce faulty results.
Defending Your Case
If a blood sample was taken under a warrant, Attorney Simon Peed will:
- Examine whether the warrant was legally valid and based on probable cause.
- Scrutinize the lab’s procedures and equipment for any errors or mishandling.
- Build a robust defense to challenge the use of blood test results in your case.
A blood warrant does not guarantee a conviction. Simon Peed is highly trained in Georgia DUI defense strategies and knows how to address issues surrounding blood warrants.
