Sample Template For The Withdrawal Of Consent in a Georgia DUI Blood Test Case
By Ben Sessions on February 1st, 2018 in DUI / DWI
The best DUI lawyers are always looking for new and innovative ways to challenge the State’s evidence. A large part of DUI defense involves working to exclude parts of the State’s case and, in particular, their ability to use the results of a blood, breath, or urine test against our clients. This is a template letter for the withdrawal of consent to testing of blood samples in a Georgia DUI blood test case. In a subsequent post, I will provide a motion to submit to the court in support of this motion:
Georgia Bureau of Investigation
Division of Forensic Sciences – Headquarters
3121 Panthersville Rd.
Decatur, Ga. 30034
Georgia Bureau of Investigation
Division of Forensic Sciences – Northeastern Lab
77 Cobb-Vantress Dr.
Cleveland, Ga. 30528
Georgia Bureau of Investigation
Division of Forensic Sciences – Eastern Lab
1945 Phinizy Rd.
Augusta, Ga. 30906
Re: WITHDRAWAL OF CONSENT TO SEARCH AND TESTING OF BLOOD SAMPLES
Subject: [DEFENDANT NAME]
Subject’s Date of Birth:
Date of Arrest and Blood Draw: December 30, 2016
Arresting Officer: OFFICER NAME, GSP
Dear Sir or Madam:
My office represents Ms. DEFENDANT in the above-referenced matter.
On December 30, 2016, DUI BLOOD TEST DEFENDANT submitted to a blood draw pursuant to the Georgia Implied Consent Law. Ms.DUI BLOOD TEST DEFENDANT was informed that she was required to submit to the blood draw pursuant to the Implied Consent Law. Ms. DUI BLOOD TEST DEFENDANT hereby withdraws her consent to the search and testing of her blood samples drawn in the above-referenced case.
To the best of Ms.DUI BLOOD TEST DEFENDANT’s knowledge, her blood was submitted for testing by Trooper OFFICER NAME.
If you have questions, please do not hesitate to contact me. My office telephone number is (470) 225-7710 and my email address is ben@thesessionslawfirm.com.
With kindest regards, I am
Respectfully,
Ben Sessions
cc: CrimeLab.Toxicology@gbi.ga.gov
CrimeLab.Cleveland@gbi.ga.gov
CrimeLab.Augusta@gbi.ga.gov