Question: What Is The Process For A Forced Blood Draw In Georgia?

Answer: After the officer arrests somebody for DUI, he reads them their implied consent notices. At the end of the implied consent notices, he’ll ask if you consent to a state-administered blood test or breath test, depending on what the officer’s after. If you refuse testing – you say no, I’m not going to take your breath test – then the officer has a choice. He can write you up as a refusal, or he can seek a warrant. He can go to a magistrate judge and try to get a warrant to draw your blood. If he gets a warrant to draw your blood, we call that a forced blood draw because you refused to do it. He’ll take you to a hospital in some counties or to the jail in some other counties and you will either allow them to draw the blood or they can strap you down and take it, pursuant to the warrant they got from a magistrate judge.

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