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O.C.G.A. 40-6-392: Georgia Chemical Tests for Alcohol or Drugs in Blood

O.C.G.A. 40-6-392: Georgia Chemical Tests for Alcohol or Drugs in Blood

Georgia law provides for the chemical testing of your breath, blood or urine in order to determine your blood alcohol content. By merely driving on the streets or highways of Georgia, you’ve given consent to undergo chemical testing if a law enforcement officer is able to determine that there is sufficient reason to believe that you’re in violation of Georgia’s DUI law. The most common chemical test is the breath test, but the most accurate test is the blood test. If you’re given a breath test, you have the right to request a test of your blood by a qualified person of your own choosing.

Breath Tests and DUI

If you’re pulled over on a road or highway and the police officer has sufficient reason to believe that you’re drunk driving, you’ll likely be asked to take a breath test to determine your blood alcohol content. The breath test (or breathalyzer) estimates the amount of alcohol in your system from a sample of your breath. The police officer is required to take two breath samples from you. In order for your test results to be admissible in court against you, the two readings must be sequential and must not differ in alcohol concentration by more than 0.02 grams. Additionally, the district attorney is required to use the lower test result against you.

Blood Tests and DUI

Unless it is requested, a blood test is not typically given to a person who is suspected of driving under the influence. However, you have the right to request a blood test, and there are certain situations that require a blood test. In order for the blood test to be valid under Georgia law, only a physician, registered nurse, laboratory technician, emergency medical technician or other qualified person may withdraw the blood.

Hiring a Qualified Attorney

If you or a loved one has failed a chemical test and been charged with drunk driving, you need a qualified DUI attorney to protect your rights and challenge your test results. Call today or fill out our online form now for a free analysis of your case by a qualified DUI attorney in your area.

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