Question: I can't believe I was arrested in Bartow County for DUI. I live in Cartersville and I work in downtown Cartersville. After work I went out with some friends and had a few drinks. We just had some beers, wine and a couple of shots of Wild Turkey over some nachos. I probably shouldn't have driven home but I tried to. I got stopped by a Bartow County deputy sheriff after he said I side-swiped a car or two.
When I got out of the car I fell down and finally the Bartow cop arrested me for DUI. I didn't want to take a breath test or a blood test. I told the cop I wouldn't take any tests. But he got a warrant and took my blood. Now I'm thinking I could get another DUI. It would be my fourth. I used to have a drunken driving problem. I didn't drink for 3 years and I went to AA every day. Now I'm going back to A.A.
Can a cop take my blood even if I don't want him to? What about my rights?
Answer: Yes, under Georgia law a law enforcement officer (a police officer, deputy sheriff, state trooper) can take a sample of your blood if that official properly procures a search warrant. We have seen police officers many times get a search warrant allowing them to take a suspect's blood.
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