Georgia DUI Independent Testing: What an Additional Chemical Test Can and Cannot Do

When it comes to Georgia DUI independent testing, there are a lot of questions you need to ask yourself about what it can and cannot do.

Following a DUI arrest in Sandy Springs or Atlanta, an officer can request that a state administered breath, blood or urine test be taken. That request can seem like the case hinges on one number. Georgia law does, however, provide an alternative: a person may request another chemical test after the state test from a person of their own choosing who qualifies to perform the test.

This is sometimes referred to as an independent test. Does not count as a do-over and does not remove a state result. However, the timing, the language of the request and the documentation of the request can be important in a Georgia DUI case.

The state test and an independent test are not the same.

The implied consent process in Georgia relates to the chemical test that the police may order following an arrest. According to the Georgia Department of Driver Services, the tests administered by the department can include blood, breath, urine or other bodily substances. Law enforcement will determine which state test to request, not the driver.

An independent test is additional. If a person takes a test requested by an officer, the person may have another chemical test administered by a physician or other qualified person of the person’s choice. The statute also requires that an arrested person be given full information regarding the state-administered test.

The distinction matters. A roadside screening device is not a state breath test at the station and a blood test is not a roadside screening device. Each may have different questions regarding the timing, method and documentation.

When another test is relevant

The opportunity for an independent test is not just for being stopped on Roswell Road or GA 400, but is tied to a state requested chemical test. The implied-consent notice is an important notice because it explains the motorist what state test he or she is being asked to take and tells him or her about other state tests.

A clear request for an independent test should be made promptly if a person submits to the state test and desires an independent test. The request does not need to be a law-school exam answer, but it can be ambiguous and lead to future disputes regarding what was requested. A practical request might be to simply state that an independent chemical test is requested and, if possible, state the type of test and the qualified person who is to provide it.

Georgia law does not guarantee that all additional tests will take place. A failure or inability to obtain a state test is not alone a bar to the state test of evidence, according to the statute. The context is important, such as the request, the time, the provider available, transportation, and what happened after.

An independent test can reveal the following

Another test can produce information that is independent of the state test. It can record alcohol levels, presence or absence of drugs, or a result obtained at another time, depending on the situation. It can also record information regarding the collection and analysis.

However, the later result is not a time machine. Alcohol levels can change and test results taken at various times may not be identical. The time of driving, the arrest time, the specimen type, and the analytical methods of the different laboratories or instruments may be part of a qualified analysis of the facts.

Georgia law establishes requirements for chemical-test evidence, and the Georgia Bureau of Investigation provides an overview of approved methods for breath testing. The information can be relevant if you are looking at a specific arrest.

Don’t mix up an independent test with a license expiration date.

The additional-test issue is just one component of the process. An administrative driver’s-license issue can also be initiated by a DUI arrest. According to DDS, an administrative license suspension may be issued when a person is arrested for DUI with a qualifying state test result or a refusal, and a request for a hearing must be filed within the time frame allowed for appeal. The Georgia DDS ALS guidance needs to be reviewed immediately for any current procedures.

This is why it’s dangerous to just look at the criminal court date or just look at the test result. Any documents that are received after the arrest, the implied consent notice, test paperwork, video, and agency records can be relevant.

The following steps may be helpful in keeping the record.

An arresting officer cannot tell someone what to do when he or she is arrested. However, a person who has been charged with a recent Sandy Springs or Atlanta DUI case can retain valuable information by:

• Maintaining all citations, notices, receipts and test related documents.
• Writing down the time and wording of any request for an independent test as soon as possible.
• Location of arrest and testing and if there is video.
• Separate consideration of DDS deadlines from the criminal court process.
• Immediately contacting a DUI defense lawyer to discuss the facts and records.

An independent test is not a sure defense, but it can be a factual issue. If you are considering a case-specific review of chemical testing, implied consent, and the implications of the license, please reach out to James Yeargan to discuss the situation.