Most people are aware that, over the last year, Georgia has had a lot of changes when it comes to DUI laws like updates to implied consent policies. Up until recently, if someone refused to take a breathalyzer test, their refusal could be used against them in court. So, the prosecutor could try to prove they were guilty by pointing out that, had they been sober, they would’ve taken the test.
After recent changes to Georgia DUI law, this was no longer the case. The prosecutor could no longer use your refusal to take the breathalyzer against you. It has gotten to the point where cops don’t see the point in asking anyone to take the test. If they’re just going to refuse, why bother?
What this means is that cops are starting to move to another method to test your blood alcohol level. They can ask you to take a blood test. You have the choice to refuse or consent to the test. A lot of people thought that the same rule about refusing a breathalyzer test would apply to blood tests. This is not the case.
The court clarified in a recent Supreme Court case that refusing to take a blood test can be used against you in court. They reasoned that blowing into a tube is a verbal act, similar to testifying against yourself. This is not allowed under the Fifth Amendment. However, taking a blood test is a passive act and agreeing to take one is not considered self-incrimination.
Cops are starting to get frustrated when they pull over drunk drivers. What they are starting to do is requesting a warrant to draw blood as soon as they pull a driver over. If you find yourself the suspect in a DUI case, contact our office immediately.