Supreme Court: Warrant needed for drunk driving blood tests

May 16, 2013

Important laws may be changing as it pertains to traffic stops and drunk driving intoxication testing. According to CBS Atlanta, the Supreme Court of the United States recently ruled that police must try to obtain a search warrant from a judge before ordering a blood test to be conducted on individuals suspected of drinking and driving.

In front of the U.S. Supreme Court as an appeal from the Missouri's highest state court, the case centered around a man who refused to submit a breathalyzer test to measure the alcohol level present in his body. Upon the man's refusal, the arresting officer drove the man directly to the hospital without obtaining a warrant for the blood test.

Focusing on an individual's protection against unreasonable searches and seizures, the Supreme Court rejected the idea of routine DUI blood tests without warrants. Reasoning that the presence of alcohol in one's blood is not a sufficient reason to eliminate the necessity of a warrant, the Supreme Court affirmed the lower court's decision.

Georgia's DUI laws

Like many states, Georgia adheres to strict guidelines regarding an individual's blood alcohol concentration when determining whether or not a person is legally intoxicated. The maximum BAC allowed before being legally intoxicated not only varies depending on whether the person is an adult or minor, but is also adjusted when determining whether or not an individual will receive an enhanced penalty.

Georgia law adheres to a 0.08 percent per se BAC limit. As a per se regulation, once an individual is shown to have a BAC equal to, or exceeding, 0.08 percent, that person is considered intoxicated by law.

The legal drinking age in all U.S. states is 21 years old. Having a no tolerance policy for underage drinkers, Georgia adheres to a BAC threshold for legal intoxication of someone under the age of 21 that is significantly lower than the per se maximum. Under the zero tolerance laws, a driver under the age of 21 will be considered legally intoxicated if his or her BAC is 0.02 percent or above.

Georgia also adheres to a separate BAC threshold, the presence of which will be sufficient to satisfy a charge of aggravated DUI. Under Georgia law, an individual with a BAC of 0.15 percent or higher can be charged with an aggravated DUI, penalties of which go well beyond the penalties normally imposed.

Protecting an individual's rights

As an implied consent state, drivers in Georgia cannot be given field sobriety tests or chemical tests without consent. Although there are consequences associated with such refusal, it is important for an individual to remember that this is his or her right.

Although a BAC greater than or equal to those followed by Georgia law will result in a finding of legal intoxication, there are ways in which a defendant can challenge the charges against him or her. For instance, he or she may try and argue the validity of the test results, or perhaps be able to show that the test was improperly performed.

An individual who has been charged with a DUI would benefit by contacting an experienced attorney. An experienced attorney will not only understand the Georgia laws pertaining to such charges, but will help fight for an appropriate solution.

Website: http://atlanta-duilawyer.org/