If you have been arrested for DUI in Georgia and your blood was tested, you might feel worried about what comes next. Blood tests are often seen as strong proof in court, but they are not perfect. Many things can go wrong during the process. Knowing how blood tests work and what can affect the results is the first step in building a strong defense. Police officers may ask for a blood test if they believe you were driving under the influence. This could happen after a crash or if they think drugs are involved. In Georgia, you have the right to refuse the test, but doing so could lead to a license suspension. If you agreed to the blood test, the results can be used against you in court, but only if the test was done the right way.
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How Blood Samples Are Collected and Handled
The way a blood sample is taken and handled is very important. The officer must follow strict steps. The person drawing the blood must be properly trained, and the sample must be labeled and stored correctly. If any part of the process is done wrong, the results may not be accurate. In some cases, samples get mixed up or stored at the wrong temperature. This can cause the blood to ferment and produce alcohol, which can show up in the test even if you were not drinking. Chain of custody is also key. This means the police must show where the sample was and who handled it at all times. If they cannot prove this, the sample may be questioned.
Issues With Lab Testing and Delays
Blood samples are usually sent to the Georgia Bureau of Investigation or another certified lab. These labs use machines to test the blood for alcohol or drugs. But these machines must be kept in good shape and checked often. If the machine is not working right, the results may be wrong. Sometimes labs take weeks or months to test a sample. During this time, the blood may go bad or be tampered with. Even small delays or errors in storing the sample can change the results. It’s also important to know if the lab used the right test for the substance they were looking for. If not, that could be another way to fight the charge.
Your Right to Independent Testing
In Georgia, if the police take a blood sample from you, you have the right to get your own test done by a lab of your choice. This can be a powerful tool in defending your case. If your independent test shows a different result, it can raise questions about the state’s test. But this right must be used quickly. Time matters. The blood must be preserved, and you need to act fast to get your own test. If the police did not tell you about this right or kept you from using it, that can be used in your defense.
Greg Willis has been successful at defending DUI cases (over 93% without a conviction)
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.
Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client
Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country
Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years
Problems With Consent and Warrant Requirements
Police in Georgia need either your permission or a warrant to take your blood. If you were pressured or tricked into giving permission, that might not count as real consent. In some cases, officers will get a warrant from a judge. But if they did not get a proper warrant or skipped this step altogether, that may be illegal. If your blood was taken without consent and without a warrant, your lawyer can fight to keep the test results out of court. This can make a big difference in your case, especially if there is no other strong evidence.
What Happens in Court With Blood Test Results
When your case goes to court, the blood test may be used to show you were over the legal limit or had drugs in your system. But that does not mean you will be found guilty. Your lawyer can question how the test was done and if the results are reliable. The court must hear both sides. If there is doubt about the blood test, it may not be allowed at all. Your lawyer may also bring in a professional witness to talk about how errors in the test could happen. If the judge agrees the test was not done right or handled the wrong way, the case against you could become much weaker.
How Defense Strategies Are Built Around Blood Tests
To defend against DUI blood test results in Georgia, your lawyer will look at every part of the process. They will check how the blood was taken, who handled it, how it was tested, and if your rights were respected. A good defense can point out mistakes, delays, or broken rules. Your lawyer might also compare the blood test with other parts of the case, like how you were acting at the time. If you seemed sober or passed field tests, that can help show the blood test might be wrong. Every detail matters. Even small errors by police or the lab can make a big impact.
Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”
- Travis
Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."
- James Hellens
Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."
- Anonymous
How the Legal System Views These Defenses
Judges and juries in Georgia know that science is not always perfect. They understand that lab mistakes happen. That’s why Georgia law gives people the chance to challenge DUI blood tests. If your lawyer shows that the test may be flawed or your rights were not respected, the court may decide to leave the blood test out. This can give you a much better chance of winning or getting the charge reduced. Remember, you are not guilty just because a test says something. The law is there to protect your rights and make sure everything is done fairly.
Time Matters When Fighting a DUI Blood Test
If you are facing a DUI in Georgia, the clock is ticking. You only have a short time to ask for a hearing to keep your license from being suspended. You also need to act fast to get your own test if you want one. Waiting too long can make it harder to defend your case. Talking to a lawyer right away is the best move you can make. They can help protect your rights and start working on a strong defense while the facts are still fresh. Acting quickly shows the court that you are taking the case seriously.
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Know Your Rights and Get Help Now
Facing DUI charges can feel scary, especially when a blood test is involved. But remember, you have rights, and there are ways to challenge the results. The state has to prove their case beyond a doubt. If anything was done wrong during the blood test process, it can help your defense. Getting help from someone who knows the Georgia DUI system can give you the best chance at a good outcome. At Willis Law Firm, we are ready to look at your case, answer your questions, and stand with you every step of the way. If you or someone you care about is dealing with a DUI blood test in Georgia, contact Willis Law Firm today and find out how we can help.