She did the Breathalyzer and was not over the limit but they wanted to do a blood test to see if there was marijuana in her system
Hire an experienced DUI attorney and they will be able to obtain the results during discovery. I would be happy to talk to you about this case tomorrow afternoon. You can reach me office at 404-923-0446.
If you have any further questions about this or any other topic, please feel free to call me at 404-923-0446. All initial phone calls are free. By answering this question, there is no established attorney/client priviledge with Rohan Law, PC. Therefore you cannot rely solely on this information to form the basis of a legal opinion regarding your rights and responsibilities. If you believe that your case requires additional attention, you should contract an attorney to represent you directly.
As Mr. Rohan said, an attorney will get the results through the discovery process. Even if there is marijuana in your daughter's system, it can be very difficult to prove that it impaired her ability to drive safely. Hire an experienced dui attorney as soon as possible.
DUI / DWI Attorney
The fastest path to obtaining blood results in a DUI case in Georgia is not through the discovery process. Hire a DUI defense attorney (not a general criminal defense attorney - you need a specialist) who has experience with obtaining blood results directly from the crime lab.
Criminal Defense Attorney
Hire an attorney to handle this matter for you. If she passed one test they requested, she may be able to get the results of the second test excluded from evidence. Moreover, simply having marijuana in her system does not mean that she is guilty of a DUI. The State must be able to prove that the marijuana impaired her ability to drive. In "less safe" (impaired ability) cases, there are many technical defenses. For instance, police officers will attempt to prove impairment by testifying as to their grading of field sobriety tests conducted on the defendant. However, these officers often do not comply with the National Highway Traffic Safety Administration (NHTSA) standards for the administration of these tests. They also typically fail to grade these tests according to the NHTSA standards. You need an attorney familiar with those standards in order to successfully defend against these cases. Otherwise, juries typically take the officer's testimony as gospel.