What will happen if I refused to give a blood sample?

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What will happen if I refused to give a blood sample?

I was stopped by a police officer and told me she smelled alcohol and gave me a sobriety test, which I somehow failed. She took me to the jail and gave me a breathalyzer test twice, which I passed with 0.00 alcohol level. Then she asked me if she could take a blood sample, but i refused. Will I have any problems?

Asked on December 3, 2014 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Georgia has strict laws on this issue.  There is what is called an applied consent law meaning that you have to submit to sobriety testing and breathalyzer - which you did - and if an officer asks to draw your blood and you refuse, they could get a warrant over the phone if they have probable cause.  I think here that the officer did not have that probable cause or you would have been writing that they held you down and forcibly drew your blood.  There are without a doubt ramifications for the refusal but I think that a good attorney can deal with those because of the 0.00 twice.  Doesn't sound as if you were arrested either.  I would seek out an attorney on a consultation basis with everything you have to be ready should something come up.  Good luck.


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