DUI Blood Test Cases After Elliott v. State
In Georgia, we continue to see a growth in the number of DUI blood test cases in response to Elliot versus state. The state obviously recognized that there were potential problems associated with trying to admit the results of breath tests following Elliot versus date. That was right, at least I think. Um, and as a result of that, they began to integrate a much higher number of DUI blood test cases. Um, they began to ask for blood tests much more frequently. We began to see a lot more of them given that Bret tests were of questionable admissibility. And that’s a very natural reaction and is one that we should have anticipated coming. Um, but even after implied consent was changed and Brett tests are probably not as doubtful in terms of admissibility. The state has tended to not move back to breath tests that are quickly, they have continued to ask for blood tests even though breath tests probably are admissible under the new implied consent notice.
So, um, lawyers have began to experience some sort of, uh, worries and problems with blood tests and nationals just because they’re unfamiliar with them. Blood tests are daunting to a lot of people and that’s because they just don’t understand what the process is and what the vulnerabilities to the process are. They’re the same sort of questions, if not more questions from a blood test that there are in a breath test case are more people involved. There’s more possibilities of air that are associated with, um, the blood test that you just need to be acclimated to. You need to be accustomed to dealing with those, those issues. And you can certainly call into question the results of a blood test in the same way that you could a breath test. Um, if you have questions about your blood test, feel free to call me. My name is Ben Sessions – phone number is (470) 225-7710 again, (470) 225-7710. Thank you.