Georgia DUI Cases of Note

  

State v Padgett - Police requested DUI blood test must go to crime lab

Friday, November 28, 2014

dui blood testState v. Padgett, A14A1002, November 18, 2014. James Padgett was involved in a motorcycle wreck. Police responding to the accident tested Padgett's breath with a portable breath test and read Padgett implied consent rights for a DUI blood test. Padgett was transported by ambulance to the hospital and the Police had a nurse at the hospital administer a blood test.  The Police officer did not retain the blood sample or request that the sample be sent to the Georgia crime lab for testing. Instead, the blood sample was sent to the hospital lab for testing. Pursuant to OCGA 40-6-392 if a blood test is taken as a result of the request of a police officer, it must be tested at the Georgia crime lab as required by statute. However, if a blood sample is taken for some other reason and not at the request of law enforcement such as routine medical treatment it is admissible as any other blood test would be under the Georgia rules of evidence.  Oldham v. State, 205 Ga. App. 268, 422 SE2d 38 (1992).

-Author: George Creal



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