The Georgia Supreme Court held today that it is unconstitutional for a law enforcement officer to compel you to submit to a DUI Breathalyzer test. The Court held that a person cannot be compelled to an act of self-incrimination, and that being forced to take a Breathalyzer was such an act of self-incrimination. The State of Georgia’s constitutional protection against self-incrimination applies to more than just speech, and protects against being forced to perform acts that generate self-incriminating evidence.
There may still be ramifications for refusing such a test, but now, in Georgia, you can’t be compelled to submit.
We will post the full opinion when it is published. Here is a news story on the decision – Coosavalleynews.com.