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Georgia Supreme Court Says You Cannot Be Compelled To Take DUI Breathalyzer Test

On Behalf of | Oct 28, 2017 | Firm News

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.