HB 1275 was passed with a last minute amendment that allows a police officer to forcibly draw blood from a DUI suspect that has refused to take the state administered breath, blood or urine test. The officer can either get the suspect’s consent or can get a search warrant for the person’s blood. Unlike the former language, this statute does not limit these blood draws to serious injury by vehicle cases either. See below:

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driveŕs licenses, is amended by inserting a new subsection (d.1) in Code Section 40-5-67.1, relating to chemical tests, to read as follows:

“(d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.“

“DUI Legislative Update “