Georgia’s New DUI Blood Test Rules

Georgia’s DUI landscape is shifting, and blood tests are now central to that change. If you’ve been on the road lately, you’ve probably noticed the state taking impaired driving more seriously than ever, and Georgia’s new DUI blood test rules are a big part of that push. These updates change how DUI cases are built, challenged, and decided.

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As former prosecutors, the attorneys at Jarrett Maillet J.D., P.C. know exactly how the State evaluates evidence and pursues convictions. Our communication is always clear and candid, and our defense strategies are aggressive by design. We’re dedicated to guiding and protecting our clients with steadfast commitment.

What’s Changing With Blood Testing in Georgia

There were over 20,000 people arrested in Georgia in 2024 on suspicion of DUI. 32 people are killed every day in DUI-related crashes, representing 30% of all traffic fatalities.

Because of this, blood tests are relied on to keep the road safe for everyone. However, recent updates to Georgia law are changing how these tests are requested, administered, and interpreted in DUI cases. With law enforcement putting more weight on chemical evidence than ever before, it’s important to understand how these changes could affect you. These changes include:

• Greater reliance on blood draws: Officers are now more likely to request a blood test instead of a breath test, especially in cases involving suspected drug impairment or when breath-testing equipment isn’t readily available.
• Stricter warrant requirements: Georgia’s evolving standards emphasize proper judicial authorization. Officers must follow clear guidelines for obtaining warrants before performing forced blood draws.
• Tighter chain-of-custody rules: Laboratories and law enforcement must now adhere to more detailed procedures for labeling, storing, and transporting blood samples.
• More precise timing expectations: Courts are applying heightened scrutiny to delays between a traffic stop and a blood draw.
• Expanded testing panels: Many agencies are using broader toxicology screens that test for a wider range of impairing substances, including prescription medications and newer synthetic drugs.
• Enhanced transparency obligations: Officers must provide clearer explanations of implied-consent rights and consequences to ensure drivers fully understand what refusal or consent means under Georgia’s updated legal framework.

As these changes take effect, anyone facing a DUI investigation should understand just how central blood-test evidence is, and how even small procedural mistakes or delays can significantly affect the outcome of a case.

Why the Blood Test Rules Matter for Your Case

With stricter rules in place for blood tests and given the weight these tests carry in court, their reliability depends on law enforcement’s actions. This means even the slightest error could help in your defense. This is because:

• Your legal team has more room to challenge how the sample was collected, stored, and tested. Any flaw in the chain of custody, labeling, or lab procedures can weaken the prosecution’s case.
• The updated emphasis on timely blood draws creates opportunities to question if the results accurately reflect your condition at the time of driving. Unexplained delays could open the door to suppressing or discrediting the evidence.
• With implied-consent rules tied closely to blood testing, part of your defense could involve challenging whether the officer properly advised you of your rights and the consequences of refusal.
• The stricter requirements for warrants and protocol give your legal team more leverage to examine if officers missed a warrant, didn’t advise you, or if they didn’t follow blood draw procedures.

Because the new rules overlap with existing Georgia DUI laws and the potential DUI penalties that come with them, anyone facing a charge needs to understand how the state plans to use the evidence against you, and how that same evidence can be challenged.

When to Hire a DUI Lawyer

If you’re facing DUI charges in Georgia, it’s important to think carefully about when to hire a DUI lawyer. An attorney who knows Georgia DUI laws can review every detail of the evidence, including how the blood test was handled, and make sure your rights are protected throughout the DUI process. Whether you’re challenging the accuracy of the sample or trying to negotiate a better outcome, hiring the right lawyer can make a significant difference.

FAQs

Does Refusing a Blood Test Always Result in a Conviction?

No, refusing a blood test doesn’t always result in a conviction. However, refusal triggers Georgia’s implied consent law, which carries administrative consequences, such as an automatic license suspension. The state needs to prove that you were driving while impaired before the court. Challenging procedural errors in the blood draw, timing, or warrant can impact the state’s case.

Can My Insurance Go Up Because of a Blood Test Result in a DUI Case?

Yes, your insurance can go up because of a blood test result in a DUI case. When a blood test shows high alcohol or drug levels in a DUI case, insurers often classify the driver as high-risk under Georgia’s legal framework. This can lead to substantial premium increases, coverage restrictions, or even the termination of your policy.

How Soon After the Stop Can a Blood Test Be Drawn for DUI In Georgia?

A blood test in Georgia should be drawn as soon as possible after the stop. Because alcohol levels change over time, courts scrutinize any delay between the time you were driving and the time of the blood draw. Under recent Georgia case law, timing and chain of custody matter a great deal. If the delay is significant, your defense could argue that the blood-test results are unreliable under Georgia DUI laws.

Can I Still Be Charged With a DUI if My BAC Is Under the Limit?

Yes, you can still be charged with a DUI even if your BAC is under the limit. Georgia implements a less safe impairment rule. This means you can be deemed less safe than a sober driver, even if your BAC is low, and charged with DUI. The state can rely on blood test evidence showing you had alcohol in your system. The new emphasis on blood testing only reinforces this risk, so even a lower BAC reading doesn’t guarantee protection.

Take Action to Protect Your Rights

At Jarrett Maillet J.D., P.C., we’re dedicated to advocating for our clients at every step, challenging improper procedures, and building a defense strategy designed to protect your rights and achieve the most favorable outcome. We understand how complicated DUI cases can be, and we fight to make sure that every piece of evidence is carefully scrutinized and every legal avenue is explored. Contact us today to speak with our legal team.