Gwinnett County Blood Test DUI Lawyer
Many DUI convictions in Gwinnett County are based primarily on the driver’s blood test results. Any alcohol or controlled substances which impair a motorist can lead to a DUI charge. Blood tests are critical in cases based on drug impairment, where there is no convenient roadside breath test. Instead, police need to draw a blood sample and have it tested. Call The Spizman Firm if you are facing criminal charges. Our Gwinnett County blood test DUI lawyer can scrutinize the evidence and identify viable defenses.
When the Police Will Request a Blood Draw
Most DUI cases stand or fall based on breathalyzer results. However, an officer might request a blood draw in certain situations, including when they suspect you are impaired by drugs like marijuana.
Georgia’s implied consent law requires that anyone who uses Georgia’s roads must participate in a chemical test or face a license suspension. This is a tough choice for many drivers who know they have consumed drugs or alcohol but do not want to get caught. Refuse the test, and you will suffer an automatic suspension.
A blood test is usually required for identifying certain non-alcohol substances, such as:
- Methamphetamine
- Opioids
- Marijuana
- Fentanyl
Your blood should be drawn by a qualified technician, such as a nurse, and be safely stored so that the sample does not degrade. The state will then test the sample to determine if you had any drugs or alcohol in your bloodstream.
A Blood Test is Not a Conviction
Blood draws are highly invasive, and many defendants worry what the state will find. If you had consumed any drugs recently, then they will likely show up. You should tell your attorney so that your legal team is not blindsided.
However, you might still have a strong defense to mount regardless of the lab results. For example, the police might not have had reasonable suspicion to stop your vehicle in the first place, which would render the entire investigation and blood test unconstitutional. We can request that a judge throw out the charges.
Another defense is to point out the lack of probable cause for an arrest. Officers arrest drivers before they know the results of the test, based usually on performance in highly subjective field sobriety tests. When an officer lacks probable cause, they have violated the Fourth Amendment.
Your lawyer might also point out problems with the blood sample’s chain of custody or how it was stored. The state must follow certain procedures to ensure the integrity of the sample. Sometimes they are lax, which raises doubt about the validity of the test results. A defendant is innocent until proven guilty, which is a high hurdle to clear.
Contact Our Experienced DUI Defense Lawyers
The Spizman Firm is fully committed to helping everyone facing criminal charges, including DUI. Call our office today to schedule a time to meet a Gwinnett County blood test DUI lawyer. We can discuss the arrest and immediate aftermath, as well as the logistics of the blood draw. If hired, we can review the test results and pull together an appropriate defense.
