Can You Be Charged With Obstruction For Refusing A Blood Test When A Warrant Is Issued In Georgia?

As a seasoned DUI lawyer practicing in Gwinnett County and throughout Georgia, I often get questions from clients about their rights during a DUI stop especially when it comes to blood tests and search warrants. One common concern is whether refusing to consent to a blood draw, even after police obtain a warrant, can lead to additional charges like obstruction of a law enforcement officer. The short answer? Based on recent Georgia case law, no it typically does not rise to the level of obstruction.

In this blog post, I’ll break down the relevant law, highlight a key trial court decision that sheds light on this issue, and explain what it means for you if you’re facing a DUI charge. Remember, every case is unique, so if you’re dealing with a DUI arrest, contact my office for personalized advice.

Understanding Obstruction Charges In Georgia

Under Georgia law, obstruction of a law enforcement officer is defined in O.C.G.A. § 16-10-24(a). It states that a person commits misdemeanor obstruction if they “knowingly and willfully obstruct or hinder any law enforcement officer… in the lawful discharge of his or her official duties.” This can include actions like physically resisting arrest, fleeing, or interfering with an investigation.

However, the key words here are “obstruct or hinder.” Courts have consistently held that passive non-cooperation such as refusing to consent to a search doesn’t automatically qualify as obstruction. This is particularly relevant in DUI cases, where police may seek a blood test to measure alcohol or drug levels. Even if officers secure a search warrant for your blood (which they can do after a DUI arrest if they have probable cause), your refusal to voluntarily comply doesn’t mean you’re obstructing them.

Why? Because a warrant authorizes officers to conduct the search, but it doesn’t criminalize your right to not assist. Officers can enforce the warrant if needed (e.g., by restraining you for the draw), but if they choose not to, your mere refusal to consent isn’t a crime.

A Real-World Example:

A recent ruling from a State Court Judge illustrates this point perfectly. In this case:

• The defendant was pulled over for suspected DUI based on driving errors, admission of drinking, odor of alcohol, bloodshot eyes, and poor performance on field sobriety tests.
• Officers arrested him and obtained a search warrant for a blood draw.
• While in the police vehicle, officers read the warrant to the defendant and repeatedly asked for his consent to the blood test. He refused each time but did not resist physically, threaten the officers, or act aggressively.
• Officers warned him that he could face obstruction charges for non-compliance, but they never attempted to forcibly execute the warrant. Instead, they transported him to jail without obtaining the blood sample.

The defendant was charged with DUI (less safe) and obstruction under O.C.G.A. § 16-10-24(a) for “failing to comply with said search warrant.” He filed a general demurrer challenging the obstruction charge, arguing it was legally insufficient.

The court agreed and dismissed the obstruction count. The State Court Judge ruled that the defendant’s “lack of consent” alone was not enough to support obstruction. The decision emphasized that this wasn’t a case of physical or verbal abuse toward officers it hinged solely on refusal to consent. The court drew parallels to Georgia Supreme Court precedents:

• Awad v. State, 313 Ga. 99 (2022): Affirmed that the right against self-incrimination protects a defendant’s refusal to submit to a state-administered urine test, and such refusal is inadmissible at trial.
• Elliott v. State, 305 Ga. 179 (2019): Held that refusal to take a breath test is inadmissible in court, reinforcing protections against compelled evidence.

These cases underscore a broader principle: Refusing to provide evidence against yourself isn’t obstruction it’s exercising your constitutional rights. In the State Court case, the officers could have enforced the warrant but opted not to, making the obstruction charge even weaker. An even more obvious example would be if a criminal suspect invokes his right to remain silent, the police can not get a warrant and require the suspect to talk.

The court did uphold the DUI arrest, finding probable cause based on the officer’s observations. But the key takeaway? Refusal to consent to a blood draw under a warrant doesn’t equate to willful obstruction.

What This Means For DUI Suspects In Georgia

If you’re stopped for DUI in Gwinnett County or elsewhere in Georgia:

• Police Need Probable Cause for a Warrant: Officers can’t demand a blood test without justification. If they get a warrant, they’re legally allowed to proceed, but you don’t have to help them.
• Refusal Isn’t Obstruction: As the State Court decision shows, simply saying “no” without violence or interference won’t lead to a valid obstruction charge. However, if you physically resist (e.g., fighting officers during the draw), that could change things.
• Implied Consent Still Applies With Limits: Georgia’s implied consent law (O.C.G.A. § 40-5-67.1) means your driver’s license can be suspended for refusing a state-administered test. But thanks to Elliott and similar rulings, your refusal can’t be used against you in court as evidence of guilt.
• Warrants Add Complexity: Warrants make blood draws more likely, but officers must follow proper procedures. Any violations could lead to suppression of evidence in your case.

This ruling is a win for defendants’ rights, but it doesn’t mean you should handle a DUI alone. Prosecutors may still try to add charges like obstruction to pressure plea deals, so strong legal representation is crucial.

Protect Your Rights Contact A Gwinnett DUI Lawyer Today

If you’ve been charged with DUI or obstruction in Georgia, don’t wait. It is to challenge weak charges early. As a dedicated Gwinnett DUI attorney with over 25 years of experience, I’ve helped countless clients beat DUI charges, suppress evidence, and protect their licenses.

Visit georgialawyer.com or call (770) 961-5511 for a free consultation. Let’s discuss your case and build a defense strategy tailored to you.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws can change, and outcomes depend on specific facts. Always consult an attorney for your situation.