Cobb County Blood Test DUI Lawyer
Being charged with DUI based on a blood test in Cobb County is a frightening and stressful experience. The legal system can feel overwhelming, the penalties harsh. But you do not have to face this difficult time alone. At The Spizman Firm, our experienced Cobb County blood test DUI attorneys are here to protect your rights, examine the evidence, and build a strong defense for your case. If you have been arrested for DUI, contact our office right away for consultation to discuss how we can help.
Blood Tests in DUI Cases
When a person is suspected of driving under the influence in Cobb County, law enforcement will often request a blood sample to test for the presence and concentration of alcohol or drugs. Georgia’s implied consent law requires drivers to submit to chemical testing of their blood, breath, or urine if arrested for DUI, or risk an automatic one-year suspension of their driver’s license.
However, for blood test results to be admissible evidence in court, strict procedures must be followed:
- The blood sample must be drawn by a qualified person, such as a doctor, nurse, or medical technician
- The sample must be collected using an approved kit provided by the Georgia Bureau of Investigation
- A preservative must be added to the sample, then refrigerated and transported to an approved lab for analysis
If any of these requirements are not met, an experienced Cobb County blood test DUI lawyer may be able to get the blood test evidence suppressed.
Challenging Blood Test Evidence
There are several ways a Cobb County blood test DUI attorney can challenge blood test results in a DUI case:
- Unlawful traffic stop: The police must have reasonable suspicion that a traffic offense has occurred in order to lawfully pull someone over. If there was no valid reason for the traffic stop, any evidence obtained as a result, including blood tests, may be thrown out.
- Lack of probable cause for arrest: An officer must have probable cause to believe a person was driving under the influence before placing them under arrest. Simply smelling alcohol is not sufficient. If probable cause is lacking, the arrest and blood test evidence may be inadmissible.
- Failure to read implied consent notice: The arresting officer is required to read Georgia’s implied consent notice before requesting a chemical test. This informs the driver of their right to refuse testing and the consequences. If the notice is not read, or is read improperly, the test results may be suppressed.
- Irregularities in blood sample collection, storage or testing: Strict rules govern how blood samples in DUI cases must be obtained, preserved and analyzed. Failure to adhere to these procedures can compromise the accuracy and reliability of the test.
Protect Your Rights
At The Spizman Firm, we approach blood test DUI cases with a sharp eye and strategic mindset. Our Cobb County blood test DUI lawyer digs deep into the evidence—examining how the test was conducted, whether protocols were followed, and if your rights were respected. We are relentless in defending your future and fighting to keep your record and license intact. Schedule a free consultation to explore how we can help.
