If you refuse a blood or breath test, police may obtain a warrant for Blood

O.C.G.A. § 40-5-67.1 (d.1), provides, “Nothing in the Implied Consent Rights or Implied Consent law shall be deemed to preclude the acquisition or admission of evidence of a violation of the Georgia DUI laws if obtained by a search warrant as authorized by the Constitution or laws of this state or the United States.”

This Amendment to O.C.G.A. 40-5-67.1 took affect on July 1st, 2006 and overruled State v. Collier, 279 Ga. 316, 317, 612 S.E.2d 281 (2005)(holding the plain language of OCGA § 40-5-67.1(d) restricts the ability of law enforcement to forcibly obtain that which has been refused).

Georgia DUI Lawyer