A recent Supreme Court ruling has further narrowed Georgia’s law concerning implied consent and DUI. The Georgia Supreme Court recently ruled that a Richmond County man, Harley Snyder, should not have been required to give over a blood sample that led to his DUI conviction in a fatal accident without a search warrant. Though Snyder could have been forced to undergo blood alcohol testing if the crash had resulted in obvious injury or death, nobody appeared to be injured on the scene of the 2004 crash, though a passenger died ten days after the accident occurred.
Georgia’s implied consent law used to require drivers involved in serious accidents to undergo drug and alcohol testing. However, recent probable cause cases and this Supreme Court case have served to chip away at the implied consent law, forcing officers to require DUI testing only when probable cause exists. This is good news for Georgians, whose rights to resist unreasonable search and seizure are endangered by the implied consent doctrine.
However, the recent victory in the Supreme Court doesn’t mean you shouldn’t exercise extreme care if you’re pulled over on suspicion of DUI. You could still face charges, license suspension, and other penalties if you fail to perform a DUI test administered by an officer. Fortunately, these test results and methods can be challenged in court – if you have the right Georgia DUI lawyer.
You may have little time to deal with the preparation and planning it takes to win a DUI case, so don’t go it alone. Turn to the experts – Georgia DUI attorneys who specialize in retaining clients’ rights and fighting DUI charges.