blood or urine test (Georgia) · Go Syfert
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blood or urine test in Georgia

9 Georgia opinions name it 2 courts 1981–2018 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Long v. Stategreen
gactapp · 2004 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017The State, on the other hand, argues that the Court of Appeals more directly considered the issue in Long v. State, 271 Ga. App. 565, 568-569 (2) ( 610 SE2d 74 ) (2004).

2017The State, on the other hand, argues that the Court of Appeals more directly considered the issue in Long v. State, 271 Ga. App. 565, 568-569 (2) ( 610 SE2d 74 ) (2004).

22
Brooks v. Stategreen
gactapp · 2007 · cited in 2 Georgia opinions naming this issue, 2008–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

22
Anderton v. Stategreen
gactapp · 2007 · cited in 2 Georgia opinions naming this issue, 2008–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

22
State v. Fraziergreen
gactapp · 1997 · cited in 2 Georgia opinions naming this issue, 1999–1999
2 sentences

1999State v. Frazier, 229 Ga. App. 344, 345 ( 494 SE2d 36 ) (1997).

1999State v. Frazier, 229 Ga. App. 344, 345 ( 494 SE2d 36 ) (1997).

12
Muir v. Stategreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

11
Collins v. Stategreen
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

11
Hunter v. Stategreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

11
Hernandez v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

11
Walters v. Stategreen
gactapp · 1990 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

11
Yount v. Stategreen
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

11
Collins v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

11
Emberson v. Stategreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2009–2009
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

11
State v. Coegreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

2002State v. Coe, 243 Ga. App. 232, 234 (2) ( 533 SE2d 104 ) (2000); State v. Moses, 237 Ga. App. 764 ( 516 SE2d 807 ) (1999).

2002State v. Coe, 243 Ga. App. 232, 234 (2) ( 533 SE2d 104 ) (2000); State v. Moses, 237 Ga. App. 764 ( 516 SE2d 807 ) (1999).

11
Beasley v. Stategreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999See Beasley v. State, 204 Ga. App. 214, 215 ( 419 SE2d 92 ) (1992) (administration of drug test required before bond determination); State v. Frazier, 229 Ga. App. 344 ( 494 SE2d 36 ) (1997) (results of blood tests pursuant to implied consent were inadmissible as to evidence of possession of drugs).

1999See Beasley v. State, 204 Ga. App. 214, 215 ( 419 SE2d 92 ) (1992) (administration of drug test required before bond determination); State v. Frazier, 229 Ga. App. 344 ( 494 SE2d 36 ) (1997) (results of blood tests pursuant to implied consent were inadmissible as to evidence of possession of drugs).

11
Rogers v. Stategreen
gactapp · 1974 · cited in 1 Georgia opinions naming this issue, 1981–1981
2 sentences

1981See Hulsey v. State, 138 Ga. App. 221, 222 ( 225 SE2d 752 ); Rogers v. State, 131 Ga. App. 136, 138 (1) ( 205 SE2d 901 ).

1981See Hulsey v. State, 138 Ga. App. 221, 222 ( 225 SE2d 752 ); Rogers v. State, 131 Ga. App. 136, 138 (1) ( 205 SE2d 901 ).

11
Hulsey v. Stategreen
gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1981–1981
2 sentences

1981See Hulsey v. State, 138 Ga. App. 221, 222 ( 225 SE2d 752 ); Rogers v. State, 131 Ga. App. 136, 138 (1) ( 205 SE2d 901 ).

1981See Hulsey v. State, 138 Ga. App. 221, 222 ( 225 SE2d 752 ); Rogers v. State, 131 Ga. App. 136, 138 (1) ( 205 SE2d 901 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
MacKey v. State green
gactapp · 1998
2 sentences

2018In Mackey v. State , 234 Ga. App. 554 , 556, 507 S.E.2d 482 (1998), we held that "an individual should be able to invoke his Fourth Amendment rights without having his refusal used against him at trial." However, Mackey involved a defendant's refusal to consent to the warrantless search of a vehicle, and we pointed out that "[a] defendant's refusal to consent to a warrantless search of his vehicle or other property is quite a different issue" from "a defendant's refusal to submit to a blood or urine test for determining alcohol or drug content." Id. at 555-556 , 507 S.E.2d 482 .

2018In Mackey v. State , 234 Ga. App. 554 , 556, 507 S.E.2d 482 (1998), we held that "an individual should be able to invoke his Fourth Amendment rights without having his refusal used against him at trial." However, Mackey involved a defendant's refusal to consent to the warrantless search of a vehicle, and we pointed out that "[a] defendant's refusal to consent to a warrantless search of his vehicle or other property is quite a different issue" from "a defendant's refusal to submit to a blood or urine test for determining alcohol or drug content." Id. at 555-556 , 507 S.E.2d 482 .

32017–2018
Hynes v. the State green
gactapp · 2017
2 sentences

2018As we have emphasized, "[t]he case law interpreting implied consent laws demonstrates that the judiciary overwhelmingly sanctions the use of civil penalties and evidentiary consequences against DUI suspects who refuse to comply." Hynes v. State , 341 Ga. App. 500 , 508, 801 S.E.2d 306 (2017).

2018As we have emphasized, "[t]he case law interpreting implied consent laws demonstrates that the judiciary overwhelmingly sanctions the use of civil penalties and evidentiary consequences against DUI suspects who refuse to comply." Hynes v. State , 341 Ga. App. 500 , 508, 801 S.E.2d 306 (2017).

12018–2018
Hills v. State green
gactapp · 2008
2 sentences

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

12009–2009
State v. Gillaspy green
gactapp · 2004
1 sentence

2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto

12009–2009
State v. Moses green
gactapp · 1999
2 sentences

2002State v. Coe, 243 Ga. App. 232, 234 (2) ( 533 SE2d 104 ) (2000); State v. Moses, 237 Ga. App. 764 ( 516 SE2d 807 ) (1999).

2002State v. Coe, 243 Ga. App. 232, 234 (2) ( 533 SE2d 104 ) (2000); State v. Moses, 237 Ga. App. 764 ( 516 SE2d 807 ) (1999).

12002–2002

Where else courts name it

MN 29 (1985–2024) GA 9 (1981–2018) IA 8 (1986–2019) PA 6 (1988–2021) IL 6 (1986–2021) CA 6 (1983–2023) OH 5 (2012–2026) AL 3 (1985–2016) ND 3 (2015–2025) MS 2 (1997–1998) NY 2 (1988–2007) NE 2 (1972–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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