​GETTING YOUR OWN INDEPENDENT BLOOD TEST IN YOUR DUI CASE

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Once you are arrested for DUI in Georgia, the officer will request a state test of your blood, breath (on an Intoxilyzer 9000 ®), or urine.

 

After submitting to the state test, you have a right to an independent test from personnel of your own choosing. If you request a blood test, you should be taken to a hospital where you will have to pay to have your blood drawn (have ready access to cash since most hospitals do not take checks or credit cards). The blood is supposed to be drawn with a special kit for DUI cases, and then placed in a sealed box.

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So far, so good. But be careful. In many instances, the facility that draws your blood will not test your blood. Your blood in its sealed container will either be returned to you so you can have a lab test it at a later date (the blood vial contains a preservative) or, if you are being taken to jail, it will be given to the police officer.

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If the drawing facility is not the testing facility, make sure the police officer knows that you do not want him/her to send your independent sample to the state crime lab. Otherwise, the state will have access to your independent test results before you do.

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If you did not receive your blood sample back, you should assume that it was sent to the state crime lab for testing. You must send a letter to the crime lab immediately withdrawing your consent to have them test your sample.

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On the other hand, if the sample is returned to you once you bond out of jail, before you accept it, ensure that none of the seals have been broken. If any seals have been broken, you must have it noted on the receipt that the kit was returned to you with a broken seal.