Independent Testing Following a DeKalb County DUI Arrest
A DUI conviction can result in many negative consequences if left unmitigated. If you are convicted of DUI, your Georgia license or privilege to drive will be suspended, ultimately making your life more difficult than it needs to be.
If you would like to find out more about what you could do to challenge the suspension of your driver’s license when charged with DUI, get in touch with a knowledgeable attorney at Hawkins Spizman. In addition our lawyers can inform you of the benefit of independent blood and urine testing following a DeKalb County DUI arrest. Call today to get started.
What Does it Mean to Partake in Independent Blood and Urine Testing Regarding a DUI?
When an individual is arrested and charged with a DUI, they have the right to request, and pay for, an independent test of their own breath, blood, or urine. This right only becomes effective when the individual first submits to the state-administered test that the police officer chooses. The results of an independent test is something that the individual can use as their own evidence and of their own accord, if the result is favorable.
The State allows the individual to choose where they go for an independent test and which type of test they receive, and the state must reasonably accommodate their decisions. For example, an individual can request for an independent blood test at a hospital that is 30 minutes away, and a police officer is likely obligated to comply even if there is another hospital 15 minutes away. If the individual has made a reasonable request, a police officer has a responsibility to ensure that the individual’s request is carried out.
When is it Beneficial to Take an Independent Sobriety Test?
Since blood tests are often more accurate than breathalyzer tests, an attorney might suggest the individual undergoing an independent blood test following a DUI arrest. A blood test could help identify potential legal defenses, such as involuntary intoxication, by distinguishing anything other than alcohol in the individual’s system that they did not originally intend to ingest. Suggesting independent blood or urine testing following a DUI arrest is an attorney’s way of ensuring that the individual has the most accurate type of test specific to their case.
What is Involuntary Intoxication?
Involuntary intoxication simply means that someone put something in the individual’s drink without their knowledge. If an individual is brought to jail after only having one drink, yet they feel terrible physically and have no idea how they came to be in police custody, they could request a blood test to determine if something was put in their drink.
Can an Independent Sobriety Test be Used as Evidence in Court?
The results of these tests can be used as evidence in court at trial. During the discovery process for a misdemeanor case, an attorney would not be required to submit the results as evidence to a prosecutor unless the attorney intends to use them after having reviewed them. If test results are used as evidence, they must be secured accurately and reliably, regardless of which party is offering them.
In addition to independent blood and urine testing, our DeKalb DUI attorneys will also obtain copies of police reports, background checks on the police officers involved, and body and dash camera footage as evidence. Accident reports, 9-1-1 calls, and independent witnesses may also prove useful as the attorney builds their case.
Schedule a Consultation Today to Learn More
Being arrested for a DUI can bring about many unwanted consequences. To help combat the accusations made by the prosecution, you should consider participating in independent blood and urine testing following a DeKalb County DUI arrest. Doing so may be able to cast doubt on the evidence collected by the prosecution. Schedule a consultation today to learn more.