Once you are charged with DUI, a blood test might be done to check blood alcohol level (BAC) level. As this test requires qualified individual attention, so it is not given at the scene. If your blood test is stored or transported improperly, your Atlanta DUI attorney could challenge the result accuracy.
Blood Test:
There are many component involved in blood test which include penality if you refuse to give blood test. The penalties can be anything such as automatic license suspension or revocation. The U.S Supreme court in 2016 declared that police must acquire a warrant before taking anyone’s blood test, unless the individual is unconscious. The warrant is not needed if police is just going to do breathalyzer test. If culprit refuse to give breathalyzer test, he/she can face charges. An Atlanta DUI attorney can help you in such instance.
When police do blood test without warrant, it is is considered as unconstitutional and this may result in cancellation of your DUI case. A blood test is considered as matter of privacy, so warrant is necessary. Your blood can do more than reveal your BAC levels. The Fourth Amendment protect it against unreasonable search and seizure. That is why, you will not suffer any criminal charges even if your driving license is still suspended.
If you refused to submit blood test, but law enforcement still take sample, you must hire an experienced Atlanta DUI attorney to ensure safety of your case and rights.
