Admissability of BAC blood test in GA.
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Admissability of BAC blood test in GA.
I was arrested for DUI in GA over the weekend. I submitted to a blood test. The test kit had already been opened — seal broken. Apparently the kit had been opened then repacked after a previous suspect changed his mind and refused. Is there potential for suppression of these test results?
Asked on June 17, 2009 under Criminal Law, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It's possible, although it could be a much trickier argument to make than you might think. I'd suggest that you review all of the facts of your case, along with the broken seal, with a DUI attorney in Georgia.
Depending on how the test protocol is set up, your challenge could work. However, you should keep in mind that the police usually are still able to ask the court to find you guilty of DUI based on non-BAC evidence.
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