The "Blood Testing" sub-section of this guide looks into the procedures and legal standards for blood testing in DUI cases within the state of Georgia. This segment outlines the specific conditions under which blood tests can be administered, emphasizing the adherence to strict protocols to ensure accuracy and legality.
In Georgia, the requirements for conducting a blood test in DUI cases are governed by both case law and statutory provisions. The U.S. Supreme Court has ruled that the natural dissipation of alcohol in a person's bloodstream does not automatically constitute an exigency justifying a warrantless blood test in all DUI cases. Instead, the reasonableness of a warrantless blood test must be determined on a case-by-case basis, considering the totality of the circumstances. Williams v. State, 296 Ga. 817.
In the context of a DUI blood draw, a valid consent to a search eliminates the need for either probable cause or a search warrant. However, mere compliance with statutory implied consent requirements does not equate to actual, voluntary consent. The State must show that a suspect gave actual consent to the procuring and testing of his blood, which requires determining the voluntariness of the consent under the totality of the circumstances State v. Osterloh, 342 Ga. App. 668.
Furthermore, the search warrant for a blood test is limited to the testing specified in the warrant. For instance, if the warrant only authorizes testing for alcohol, it does not permit testing for drugs. State v. De La Paz, 370 Ga. App. 853.
Georgia law also provides that a person accused of DUI who undergoes a chemical test at the request of a law enforcement officer has the right to have a qualified person of their own choosing administer an additional test. § 9.05 Independent Tests.
Lastly, for a chemical analysis of a person's blood to be considered valid, it must be performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences. § 10.01 Chemical Tests Are Used to Measure Degrees of Impairment.