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McAllister v. Georgia (2006) allows law enforcement to take a blood sample from someone arrested for DUI who has refused to take a chemical breath test under Georgia’s law of implied consent. The officer must obtain a search warrant and, like any procedure related to a DUI arrest, the blood test must be properly conducted.

How can a police officer force me to take a blood test?

In order for a blood sample to be taken, a police officer must ask a judge to issue a search warrant. For this to happen, the arresting officer must provide sufficient evidence of intoxication. If a judge grants the warrant, an officer can legally obtain a blood sample, and you are legally obligated to submit to the test.

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The police arrive at your front door after receiving a call. They ask if they can come inside but don’t have a warrant. The decision you must make is very important. Should you let them inside or refuse?

Many people believe they must always let law enforcement in. Most attorneys would advise you against allowing law enforcement to search in or around your home without a warrant. Be polite but say no and clearly refuse to give consent to a search. Why? You have a constitutional right under the Fourth Amendment against such practices.

If you give police consent to search your home, you are waiving your protection. With this consent, anything illegal or pointing to a crime found in the home can be taken as evidence and used against you in court.

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