How Blood Tests Are Administered in DUI Cases
How Blood Tests Are Administered in DUI Cases
If you are arrested for driving while intoxicated (DUI), you will likely be required to take a blood test. This is a requirement under Georgia’s implied consent law.
The sample will be collected by a police officer and taken to a crime lab for testing. The results will be used to determine your blood alcohol content (BAC).
1. Taking a Blood Test
When a person is arrested for DUI, police may need to draw their blood to determine their blood alcohol concentration (BAC). This can be done in a number of ways.
One way is to have a phlebotomist draw the blood for the officer at a hospital. In some states, this can be done in a police station. Another way is to have a phlebotomist take blood from the suspect at their home or place of business. Then, the blood is packaged for transportation to the county crime lab or state police crime laboratory.
A blood test is a more accurate way to measure someone’s BAC than a breathalyzer, but it is also more expensive and takes longer to obtain the results. In addition, there are many other factors that can influence the accuracy of a blood test result.
For example, if the phlebotomist was not properly trained or did not use proper medical practices, the results of the blood test might be inaccurate. Other things that can impact a blood test result include improper storage or contaminated samples.
This type of problem can make it difficult for prosecutors to prove that a driver was intoxicated when they were driving. This is why it’s important to discuss your case with an experienced criminal attorney who can help you challenge the accuracy of a blood test.
In order to conduct a blood test, an arresting officer must have a court order. This is typically a warrant that allows the officer to have the blood sample drawn by a qualified medical professional.
The person whose blood is being drawn must sign an authorization form agreeing to have their blood tested. Once the blood is taken, it must be sent to a Department of Health-approved laboratory for analysis.
When the results of a blood test are obtained, the police will then need to submit them to a judge to determine whether the person was driving under the influence. If the person was found to have a high blood alcohol content, they can be charged with DUI and could face severe penalties.
If a person is found to have a low blood alcohol content, they may be charged with reckless driving or a lesser charge. Depending on the nature of the charge, they can be sentenced to probation or jail time.
A person can choose to have an independent blood test conducted as part of their defense against a DUI charge. This can be beneficial in some cases.
Taking an independent blood test is also a good idea in cases where the police injected a chemical into the suspect’s arm. This chemical can interfere with the accuracy of a blood test and the results of the independent test can help to determine if the results were tampered with or inaccurate.
2. Discussing Your Case with an Experienced Criminal Attorney
A DUI (driving under the influence) charge can have serious consequences, including loss of driver’s license, fines, court fees, and even jail time. Additionally, a conviction can negatively impact your future career, housing options, and education, especially if you are a student.
A criminal attorney specializing in DUI and drug crimes can help you understand your legal options for a successful defense. They can comb through the police report and interview any witnesses, argue your case before a judge, and keep you informed about the progress of your case.
During a free consultation, your attorney will review the details of your arrest and explain how it can affect you. They will also discuss your situation and determine if there are any special concerns or issues that may affect the outcome of your case.
Your attorney will make sure that you understand the possible penalties for a conviction, which can vary significantly from state to state. These penalties include probation, fines, and jail time, depending on the severity of your case. In addition, you can face additional penalties like alcohol abuse treatment programs or community service.
Many people think that DUI cases are just about alcohol, but in reality, they can involve any substance that impairs your driving abilities. This includes marijuana, methamphetamines, and a number of other drugs.
When you are arrested for a DUI, the police will typically administer a test to measure your blood alcohol concentration. This is a relatively quick and simple test that can be administered during the stop, so there is no need to leave the vehicle.
This is a very important step, because it allows your attorney to analyze the test results and determine what evidence they can use against you. For example, your attorney may be able to challenge the testing process or question whether the officer properly documented your blood alcohol level.
Another aspect of a DUI investigation that your lawyer will want to address is your past record. This is especially important if you are charged with a second offense or have a history of alcohol abuse.
If you have a prior arrest for a DUI, your attorney will need to know how it was resolved. Did you plead guilty, receive a deferred adjudication or diversionary program, or was it dismissed?
Your lawyer will need to know all of these things in order to represent you effectively. They will need to know what your past history has been like, so that they can tailor their approach to the facts of your case and help you avoid a conviction.
You can discuss these matters with your lawyer at any point during your free consultation. The sooner you do so, the better.
If you are facing a DUI charge, it is crucial that you seek the help of an experienced criminal attorney as soon as possible. Not only will this protect you from the worst possible consequences of a conviction, but it can also provide you with the best chance at winning your case.
3. Hiring the Best DUI Attorney in Atlanta
If you or someone you love has been arrested for DUI, it’s important to hire the best DUI attorney Atlanta has to offer. Drunk driving is a serious offense, and the consequences of a conviction can have long-lasting effects on your life.
There are many reasons to hire a skilled DUI lawyer in Atlanta, GA, who understands the intricacies of Georgia’s legal system and the unique challenges faced by those accused of drunk driving. The right attorney will help you achieve the best possible outcome for your case.
It’s important to choose a lawyer who has an excellent record of defending clients against DUI charges. It’s also important to find out how much of their practice is dedicated to defending people charged with DUI.
You should also make sure that the lawyer you hire understands any changes that have been made to the procedures of the courts in which your case is pending. These changes can make it harder for your lawyer to navigate your case effectively and achieve the results you need.
The best DUI lawyers in Atlanta are experts in the area of criminal law and know how to work with the prosecution to ensure that their client’s rights are protected. They will be able to challenge any evidence that was improperly obtained, and they will fight for the best possible outcome.
They will be able to help you avoid a lengthy court appearance and explain the various options that you have for your case. They will also be able to advise you about how your arrest may affect your future employment opportunities and driving privileges.
It’s also important to select an experienced DUI attorney who can help you protect your immigration status. If you are an immigrant and you have been convicted of DUI, then you could face deportation. If you have a prior DUI, it is especially important to choose an Atlanta lawyer who understands the impact that a conviction for driving while intoxicated can have on your immigration status and your ability to re-enter the United States.
You need an Atlanta DUI lawyer who can work closely with you and your family to help you keep your immigration status intact. Contact us today for a free consultation.
Aside from the potential impact that a DUI charge can have on your immigration status, it is important to hire a lawyer who understands how to successfully challenge the breath and blood testing procedure used in a DUI investigation. This will ensure that you get the most out of your case and avoid any negative repercussions for your criminal and immigration records.
The DUI process is difficult and stressful, and hiring the best DUI attorney in Atlanta is crucial. This will allow you to get the best possible outcome for your case, and it will be much easier to manage if you have an expert by your side who can make sure that you have all the information and resources you need.