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Georgia Implied Consent Law Narrows Further

By Conaway and Strickler

A recent Supreme Court ruling has further narrowed Georgia?s law concerning implied consent and DUI. The Georgia Supreme Court recently ruled that a Richmond County man, Harley Snyder, should not have been required to give over a blood sample that led to his DUI conviction in a fatal accident without a search warrant. Though Snyder could have been forced to undergo blood alcohol testing if the crash had resulted in obvious injury or death, nobody appeared to be injured on the scene of the 2004 crash, though a passenger died ten days after the accident occurred. Georgia?s implied consent law used to require drivers involved in serious accidents to undergo drug and alcohol testing. However, recent probable cause cases and this Supreme Court case have served to chip away at the implied consent law, forcing officers to require DUI testing only when probable cause exists...continue to full post

Full post as published by Georgia Criminal Defense Blog on March 03, 2008 (boomark / email).