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DUI warrants and Blood draw as a result of Supreme Court Decision

Posted by Michael D. Barber | Apr 07, 2019 | 0 Comments

    Many of the police, sheriff's offices and prosecuting attorneys are looking for ways to go around the decision of Elliott v. State. (see this AJC article).

              On February 18, 2019 the Supreme Court of Georgia, with a 94 page opinion led by Justice Peterson, decided that there was a right under Article I Section I of the the 16th (XVI) paragraph of the Georgia Constitution that was not being correctly upheld regarding arrest procedures for Charges of Driving Under the Influence in the State of Georgia. This section involves someone's right against compelled self incrimination. In particular, this deals with Self Incrimination under the Chemical Breath Test (intoxylizer) portion of a DUI Arrest. See our previous blog post here discussing in full the implication of that decision in Elliott v. State. 

Now many of the law enforcement officers are not even offering a breath test on any DUI arrest and are simply moving on to blood draws with a warrant. There are of course implications of forced blood draws as well. 

One key issue that will continue to pop up from these decisions comes from the implications of potential license suspensions that can occur from a refusal on a DUI arrest. As the office of state administrative hearings enforces that portion of the DUI arrest and it is considered civil in nature it wasn't necessarily directly addressed by the decision of Elliott v. State. This means that you can still face a permanent one year suspension from the DUI arrest and especially if that portion of the case is not handled correctly (the 30 day letter). 

HOW DOES THIS EFFECT, HURT OR HELP MY DUI CASE?

              Every DUI case is different because not two sets of facts are the same. Application of the above case law to your situation would take examination of the facts surrounding your case and applying this case law properly to create a properly mounted defense for YOUR arrest.

              Our office has 24 hour response lines and can answer your questions and help you. Give our team of DUI defense lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.

About the Author

Michael D. Barber

Michael's training as both a prosecutor and defense attorney gives him the ability to interpret what the other side is considering and thinking in regards to a clients case. Working for his family law firm in Dunwoody, Georgia familiarized Michael with Debt Collection, Contracts and Agreements, ...

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