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Home » Cases of Note » Potter v. State, A09A2109, December 03, 2009
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Potter v. State, A09A2109, December 03, 2009

In Potter v. State, A09A2109, December 3, 2009, the Georgia Court of Appeals held, in a DUI and vehicular homicide case in Walker County, LaFayette, Georgia, that a DUI prosecution may be based on a hospital blood test which uses only blood serum rather than whole blood as required

by Georgia law when the State produced an expert that testified that the serum blood test will generally overstate the whole blood alcohol level by a maximum of 20 percent.   The Court held that other states have used this procedure and it has been validated as scientifically reliable for the purpose of criminal prosecution.