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.