Georgia officers drawing blood a concern for alleged DUI drivers

On Behalf of | Sep 3, 2021 | Firm News

In Georgia, when a driver is accused of driving under the influence, it will undoubtedly be a worrisome time. The penalties for a conviction can include a driver’s license suspension, the need to take an alcohol education class or receive treatment, the vehicle being confiscated, fines and jail time. This can have a negative impact on every aspect of the person’s life from personal to financial to professional. A fundamental aspect of a DUI case is to understand how the evidence will be used. Challenging that evidence could be an effective strategy for a defense. Recently, a new method of gathering evidence was announced and drivers accused of DUI should be aware of it.

Law enforcement will be trained to take blood during a DUI investigation

A grant will be provided to the Georgia Governor’s Office of Highway Safety for officers to receive training to take blood from drivers they believe are under the influence. This process, known as phlebotomy, is not commonly done by police. With the grant, the state will purchase classes to train the officers and buy equipment to draw blood. Officers’ ability to do so would streamline the process and could make it more difficult for people accused of DUI to mount a strong defense.

The Governor’s Office of Highway Safety states that blood evidence is crucial to prosecute a DUI. The inability for officers to conduct this test has led to many alleged drivers successfully fighting the charges. The sooner the blood is drawn, the more accurate the measurement for blood-alcohol concentration is believed to be. This is generally the basis upon which a case is pursued. Those of legal drinking age who register at least 0.08 BAC will face DUI charges. The streamlining of this process and how officers drawing blood can influence a case should be known and addressed when it begins.

An effective defense against DUI charges must scrutinize all evidence

When lodging a criminal defense for DUI, the blood evidence might be key. The process of officers drawing blood during an investigation has not yet started. They will need to have classroom training and online training first. Once they can draw blood, drivers accused of DUI will be confronted with a new obstacle in achieving a positive outcome and avoiding the harshest consequences. Whether the blood evidence was questionable, the traffic stop itself was not done according to the law or there is another available way to craft a defense, having assistance is essential.

 

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