Georgia has seen a downward trend in DUI arrests, vehicle accidents and fatalities in the recent past. In 2010, Georgia police arrested 14,944 people for suspicion of DUI, and there were over 8,100 alcohol-involved accidents resulting in 187 fatalities. By December of 2011, police had only arrested only 11,375 drivers on DUI charges for the year, and there were approximately 7,200 accidents with 130 fatalities. Despite the improvement, Georgia police have become more aggressive in their tactics when arresting people for suspicion of DUI. For example, police are more frequently obtaining warrants for blood tests when drivers refuse breath tests.
Warrants for Blood Tests
Georgia has an implied consent law wherein, in exchange for the privilege of having a driver's license, drivers agree that they will take a chemical test if they are ever stopped by police for suspicion of DUI. If a driver refuses to take the test, he or she faces an automatic license suspension for a minimum of one year for a first offense.
When a driver refuses a breath test, the practice of the State Patrol's DUI Task Force and Douglas County sheriff's deputies is to obtain warrants for blood tests. The Atlanta Police Department may begin to do the same, given the reported increase in the number of drivers refusing breath tests.
Impact of Using Warrants
If a driver refuses to take a breath test, the police can still arrest the driver on suspicion of DUI based on other evidence such as erratic driving behavior, slurred speech, blood-shot eyes and failed field sobriety tests. However, without a measurement of the driver's blood alcohol level, it is much more difficult for prosecutors to obtain convictions for DUI charges.
When police obtain a warrant for a blood test, the driver who refused the breath test not only faces the penalties for violating the implied consent law, but the prosecutor also has evidence of the driver's BAC to use against him or her at trial, despite the driver's refusal to take a breath test.
Consult an Attorney
Georgia authorities take DUI charges very seriously, and the use of warrants to obtain blood tests demonstrates that they will not hesitate to prosecute such cases to the fullest extent possible. If you are facing DUI charges, do not hesitate to consult with an experienced DUI lawyer who can advise you of your options.
