When a person is arrested for DUI, the arresting officer often wants to test the person’s blood to determine if they are under the influence of alcohol or any other drugs. This testing can happen if a person consents to the blood draw or, in the absence of consent, the officer may seek a warrant.

When the officer applies for a warrant, they must lay out what probable cause justifies the granting of a warrant and allows the invasive process of drawing someone’s blood. The officer must also state with particularity the crime that they suspect the individual has committed. It is important to note that DUI in Georgia can be committed in a variety of ways and the officer must state in their application for a warrant which type of DUI they suspect.

Previously, the GBI would begin their testing process by testing the blood for alcohol. If the blood alcohol concentration came back at a level that is considered legal in Georgia (below 0.08 ng/ml), the GBI would automatically perform a drug toxicology test on the blood to determine if the blood contained any drugs.

However, a case decided by the Georgia Court of Appeals in 2024, finds fault with the GBI’s practice. In State v de la Paz, 370 Ga. App. 853, a defendant was arrested for DUI-alcohol. The arresting officer’s report and application for a warrant listed DUI-alcohol as the suspected crime with no mention of any suspicion of drug use. When the defendant’s blood alcohol concentration came back below the legal limit, the GBI automatically tested the blood for drugs. The Court of Appeals found that the drug testing results had to be suppressed because “neither the affidavit nor the application for a search warrant make any reference to suspected drug use. Rather OCGA 40-6-391 (a)(1), driving under the influence of alcohol, was the only suspected crime enumerated in the affidavit and application”.

What does this mean?  If you have been charged with DUI-drugs after the police got a warrant to draw your blood, it is important to hire a lawyer to review the evidence in your case and determine if the warrant authorized the testing of your blood for drugs. The lawyers at W. Scott Smith are skilled in spotting issues that may have compromised your constitutional rights. If you have been charged with DUI, call our office at 404-581-0999 today for a free consultation.