REVISED DUI LAW SHOULDN'T HAMPER CONVICTIONS, PROSECUTOR SAID

A Bibb County prosecutor said Tuesday a change in state law limiting an
officer's ability to obtain blood tests in traffic accidents should not
hurt chances of successful prosecutions.

The Georgia Supreme Court on Monday changed the state's implied consent
law, which required all drivers involved in serious accident to submit a
blood alcohol test. Now, officers must have probable cause before testing
can be done.

"I'm betting this won't change the way we do business," Elizabeth Bobbitt,
assistant district attorney of the Macon Judicial Circuit said. "In 95
percent of our cases, there is obvious probable cause to require a blood
test for alcohol or drug impairment. I'm just keeping my fingers crossed."

Before the ruling, a motorist who refused testing could lose their driver's
license for up to a year, and the refusal could be used against them in
court. Macon attorney J. Michael Cranford, who handles about 300 DUI cases
a year, said the decision is good for everyone, not just those facing DUI
charges.

"It's a victory for anyone who believes in the Constitution," Cranford
said. "Unfortunately, they've been whittling away at the Fourth Amendment
for years, and this is one way it's being repaired."

Judge P. Harris Hines, who wrote in the court's opinion on the case, said
justices struck down the law because it violated Fourth Amendment rights by
authorizing a search and seizure without probable cause. The case came
before the court after a north Georgia man appealed his conviction of DUI
(drugs) after being given a test while in the hospital following an
accident with injuries. Test results showed the man, Carey Don Cooper, had
cocaine and other drugs in his system.

"The requirements of the Fourth Amendment cannot be lowered based upon the
heinousness of the particular crime police are investigating," Hines wrote.
"The illegally obtained test results were not admissible against Cooper at
trial, and the trial court erred in denying Cooper's motion to suppress
such evidence."

Bobbitt said the law will not change the way law enforcement officers
handle cases when there is clear evidence of alcohol or drugs. She said
that evidence includes the odor of alcohol or drugs, open containers or
drugs found in the vehicle or evidence the person had been recently
drinking or using drugs.

"In vehicular homicide cases, if there is no evidence of alcohol or drugs,
there is usually evidence of reckless driving," Bobbitt said. "There are
other ways to prosecute the cases."

She said law enforcement officers will now quickly have to substantiate
some probable cause to seek blood testing if they suspect the driver was DUI.

The change makes it impossible for law enforcement officials to test
motorists involved in accidents with serious injury or death for drugs or
alcohol unless there is probable cause.