UPDATE: DUI Blood, Breath, and Urine Test

Just a few weeks ago, the Georgia Supreme Court made a decision in Williams v. State that impacts almost every DUI case.  The Supreme Court held that it is no longer sufficient, for purposes of the Constitution, for an Officer to merely read the implied consent warning in a DUI case when seeking blood, breath, or urine.  Instead, the Court found that the Officer (through the State prosecutor) would have to demonstrate in court that the driver gave “actual consent” to a search of their body by way of a blood, breath, or urine test.

The facts surrounding Mr. Williams arrest were no different than many of our client’s cases.  After a brief DUI investigation, Mr. Williams was placed under arrest for DUI and read the Georgia implied consent warning.  The Georgia implied consent warning essentially tells a person arrested for DUI that they are “required” to submit to State administered chemical testing of their blood, breath, or urine.   Thus, Williams was placed in the uncomfortable position, as are many drivers arrested for DUI, of choosing between having his blood drawn at the jail OR having his license suspended.  Mr. Williams chose to have his blood drawn and was later charged with DUI.

The Georgia Supreme Court, relying heavily on case law established by the United States Supreme Court (Missouri v. McNeely), found that for purposes of 4^th amendment protection against unreasonable searches and seizures, police officers must obtain valid “actual consent” before search a drivers body.  As a result, the Supreme Court of Georgia has opened up almost every single DUI case for further review under the new “actual consent” standard.   For instance, is a driver “actually consenting” to a search of his or her body when the fear of a license suspension is being held above their head?   These are questions that Georgia courts will have to wrestle with for the foreseeable future.

If you or a loved one has been charged with DUI, please contact our office today at 404-581-0999.  Our knowledge of the current DUI law may be the difference between a conviction and a dismissal.