DUI News

Atlanta’s best DUI lawyers provide frequently updated news on Georgia DUI laws and GA DUI defense to help you beat a DUI charges.

Blood Search Warrants in DUI Cases

November 23, 2024

Can the police get a search warrant for my blood?

You were arrested for DUI and refused to voluntarily submit to a chemical test after the Georgia Implied Consent Notice was read. You are then surprised when, at the jail or precinct,  your DUI officer presents you with a search warrant for your blood. Can the police get a search warrant for your blood?

In Georgia, search warrants in Driving Under the Influence cases are governed by statute. The main statute for Georgia DUIs is OCGA 40-5-67.1.  The pertinent language of the subsections of the law for this issue are as follows:

  • d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department (Georgia Department of Driver Services).. 
  • (d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.

 

Police Officers do use search warrants for blood if they refuse to submit to their chemical test voluntarily. On July 1, 2006, a law took effect in Georgia that expands the available use of search warrants in Driving Under the Influence cases (OCGA 40-5-67.1(d.1)). This law was passed after the Georgia Supreme Court in State v. Collier, 279 Ga. 316 (2005), ruled that law enforcement officers could not use coercion techniques to obtain a blood sample by threatening to get a search warrant and use a catheter to receive it. During the Collier case, the DUI Implied Consent statute prohibited search warrants for bodily substances if a person refused to submit to a chemical test under the Georgia Implied Consent Notice. The 2006 legislation attempted to expand the use of search warrants in Driving Under the Influence arrests. Our experienced DUI lawyers in Georgia believe the final version of the bill falls short of allowing search warrants for blood, breath, or urine samples when a suspect refuses to submit a sample after being read the Georgia Implied Consent Notice. The “no test shall be given” language if a driver refuses the state chemical test is still in the statute’s current version. Our firm is also making a constitutional challenge to how the 2006 statute was passed by the Georgia Assembly (Georgia legislature). If the Cobb County Police Officer obtained a chemical sample from you after getting a search warrant, call us today, and we can explain in more detail how we are attacking the admissibility of chemical tests obtained by search warrants in Driving Under the Influence cases. Although you may have ultimately given a chemical sample to the Cobb County Police under a search warrant, your officer may still attempt to suspend your Georgia driver’s license or privilege to drive here in this state administratively if you initially refused to submit to a chemical test when the implied consent notice was read. See below for steps that may need to be taken to protect your driving privileges. Currently, the Cobb Police Department is taking the position that if a suspected DUI driver refuses a blood test under a search warrant, the police will not force a blood draw but will bring an additional charge of Obstruction of a Law Enforcement Officer and serve you with a notice of a license suspension action.

Atlanta Police Receives H.E.A.T. Grant for DUI Enforcement

November 15, 2019 Tagged , , ,

The Atlanta Police Department announced on November 14, 2019 that it has received a grant from the Governor’s Office for Highway Safety for a H.E.A.T. unit that specializes in DUI enforcement in Atlanta. H.E.A.T. stands for Highway Enforcement of Aggressive Traffic, that includes speeding and impaired driving.  This specialized unit will be made up with Atlanta DUI Task Force officers that have received extensive training for DUI detection and investigations, such as Standardized Field Sobriety Test (“SFST”) training, Advance Roadside Impaired Driving Enforcement (“A.R.I.D.E”), and Drug Recognition Expert (“DRE”). 

The press announcement by the Atlanta Police Department comes just before the beginning of annual campaigns to combat DUI’s during the holiday period extending from Thanksgiving through New Years.  Anticipated campaigns that the H.E.A.T. unit will institute over the holidays are Operation Zero Tolerance (now called “Drive Sober or Get Pulled Over”), Click It or Ticket, and Super Speeder law (that will combat speeding within the City of Atlanta).  The grant covers the cost of adding three patrol vehicles, video equipment, and training for three officers. 

If you, a loved one, friend, or coworker have been charged with a DUI in Atlanta, call Chestney & Sullivan today.  We are available 24/7 to discuss your case, including weekends and holidays. 

What to do if you have been arrested for a DUI in Atlanta during Super Bowl week

January 28, 2019 Tagged , , , , , , ,

Many people attending the Super Bowl festivities this week and the Super Bowl game on Sunday in Atlanta, are traveling from out of state.  Atlanta offers many opportunities to celebrate on any given day, even more so during the festivities leading up to Sunday’s Super Bowl game.  The Atlanta City Council announced that alcohol sales in Atlanta will be extended to 4:00 a.m. during Super Bowl week from Monday, January 28, 2019 through February 4, 2019.  Also, law enforcement agencies such as the Atlanta Police Department, Georgia State Patrol,  Cobb, DeKalb, Forsyth, and Gwinnett police departments will increase their patrols and sobriety checkpoints to target impaired drivers.

No one plans or intends to get arrested for a DUI, but it happens.  If you are from out of town, experienced DUI attorneys at Chestney & Sullivan Law Firm is available to speak with you about your Georgia DUI case anytime -including weekends!  We understand that you will need to travel back home when the Super Bowl is over.  We can represent you in your Georgia Driving Under the Influence case and will appear on your behalf in most courts in Georgia for your first court date so you don’t have to.  In many Georgia jurisdictions, you will not have to appear in court until we tell you to. 

If you have been arrested in Atlanta for a DUI, the Atlanta City Detention Center (Atlanta City Jail) and Atlanta Municipal Court have changed their policies regarding bonds pursuant to a city ordinance passed by the Atlanta City Council in February, 2018 to eliminate the “cash bond” practices.  Unfortunately that change has impacted folks with the ability to pay a cash bond to get out of jail sooner as all DUI cases now have to appear before a judge for bond (Chapter 62, Article II, Division 1, Section 62-31 of the City of Atlanta Code of Ordinances).  This means that a person arrested for Driving Under the Influence on Friday in Atlanta, might have to wait until Sunday afternoon to see a judge to bond out before the Super Bowl Game.  One silver lining is Mercedes-Benz Stadium is in walking distance from the Atlanta jail, so there is still a possibility of making it to the Super Bowl.  If you were arrested late Saturday night, you may or may not make the first appearance calendar in Atlanta on Sunday.  The Atlanta City Detention Center is located at 254 Peachtree Street, SW, Atlanta GA 30303.  Their phone numbers are 404.865.8001 and 404.865.8010.  For bond information, click here.  A number of bonding companies are located on Peachtree Street right next to the city jail.  Chestney & Sullivan may be able to expedite the bond process to get defendants out of jail sooner. 

Call Chestney & Sullivan immediately if you, a friend, or loved one have been charged with a DUI in Atlanta or anywhere in Georgia.  Action will need to be taken quickly regarding a possible license suspension that is a separate action from the DUI criminal case.  We can also discuss defense strategies and begin an investigation into your Georgia DUI charges.  Also, important surveillance video footage is not retained for very long in many Georgia jails.  If  the surveillance video from the jail is not ordered within a very short period of time, it will be lost forever.  Some clients may say “great, I don’t want anyone to see my jail video.”  However, we often find that jail videos can help us successfully defend DUI’s.  If the video is not helpful, by the time the prosecution decides to inquire about jail video, it is often recorded over by the jail, and we are under no duty to disclose or turn over any video that we may have to the prosecution. 

It is also important that an investigation is started right away for possible defenses, especially in Atlanta, as court cases move very fast and if a proper investigation is not conducted quickly, negotiations may be hampered in resolving a case to something other than a DUI. 

Call us today at 404.816.8777 to discuss your case.  You will be glad you did.  We are available 24/7.  We can also meet face to face for an initial consultation free of charge.  Our office is conveniently located in the Buckhead section of Atlanta at 3110 Maple Drive, Suite #103, Atlanta, Georgia 30305. 

Chestney & Sullivan partner Bob Chestney discusses Georgia DUI law on NPR station 90.1 WABE

December 1, 2017 Tagged , , , , , ,

Bob Chestney had the pleasure of being interviewed by Rose Scott on Closer Look, NPR radio station WABE 90.1.  He, along with representatives from the Governor’s Office of Highway Safety and Georgia State Patrol discussed a wide range of issues relating to DUI arrests in Georgia.  With the holiday season upon us,  expect Georgia State Patrol and local Georgia law enforcement agencies to be conducting concentrated patrols and sobriety checkpoints.  Check out the interview below:

https://www.wabe.org/episode/closer-look-cabbagetown-vandalism-nighthawks-dui-task-force/

Spalding County DUI, .40 Blood Test: Reduced

June 13, 2017 Tagged , , , , ,

In her Spalding County DUI case, our client lost control of her vehicle and crashed into a collision repair shop parking lot in Spalding County.  A witness saw the accident and called police.  Georgia State Patrol responded and conducted an investigation.  Due to the accident, no field sobriety evaluations were performed, but the trooper noticed a very strong odor of an alcoholic beverage from our client.  Our client was transported to the hospital for treatment. Our client was charged for DUI in Spalding County and blood was draw for testing at the GBI.  The blood test result was .40, five times the legal limit.   Mr. Sullivan was able to persuade the prosecution that due to the delay of the case and admissibility issues of the state’s blood test to dismiss the DUI charge, resulting in a negotiated plea to Too Fast for Conditions and Reckless Driving.  

Brookhaven DUI reduced

November 24, 2015 Tagged , , ,

Client was stopped when turning on to wrong side of roadway in Brookhaven.  Client agreed to perform field sobriety evaluations and showed sufficient number of clues to arrest for DUI.  When asked to submit to the state’s breath test, client agreed after being told several times it was “required”.   Client blew a 0.129 on the Intoxilyzer 9000.  Mr. Sullivan was able to negotiate the Brookhaven DUI down to a Reckless Driving disposition.

Doraville/DeKalb DUI dismissed: .113 breath test

September 8, 2015 Tagged , , ,

Client was stopped by Doraville police for no headlights and failing to maintain lane.  Although client did not “pass” field sobriety evaluations, client looked and sounded sober on the video.  After being arrested for DUI in Doraville as well as open container, no headlights, and failure to maintain lane, client was asked to submit to a state administered test of client’s breath.  Client consented and the result was a .113.  Client also wanted an independent test – the Doraville DUI officer dictated where client could go for test.  The independent test was also above .08, but because client was not able to get an independent test of her own choosing, the DeKalb County State Court prosecutor agreed that the chemical tests would not be admissible at trial.  The DUI charges were dismissed and client entered a negotiated plea to failure to maintain lane and open container.

State Court of Fulton County

July 8, 2015 Tagged , , ,

I am more than satisfied about the outcome, even though it hasn’t fully processed with me yet!  I will definitely be giving you the best review possible.  Thank you so much for your diligence, and thoughtfulness towards my case.  I will recommend you to anyone that I come across, and you will be the one I call if I ever need any legal assistance; even though I do not anticipate ever needing it again.  Thank you so very much! – W.S., Buford, Georgia

NFL Defensive Tackle Nick Fairley Not Guilty of DUI

February 18, 2015 Tagged , ,

Detroit Lions defensive lineman Nick Fairley was acquitted of DUI by a jury of his peers in Mobile, Alabama, this week.  The former All-American standout at Auburn University, who starred in their National Championship season, was arrested for DUI in 2012 in his hometown of Mobile after being stopped for driving over 100 mph.  He allegedly failed field sobriety tests at the scene (weighing approx. 300 lbs), and declined to take a breathalyzer.  The jury found him guilty of Reckless Driving, and he was ordered to pay a $500 fine.

Cops Want Google To Disable Waze App

January 27, 2015

Millions of drivers use the Waze app on their mobile devices to assist with their daily commute or other highway travel.  The app alerts drivers to accidents, traffic jams, and other traffic issues by participating members posting what they have observed.  But the app also allows drivers to alert others of the location of police officers, and that’s got some officials upset.

Read the article on mashable.com