Sample Image

The Georgia Supreme Court has struck down a provision of the state’s DUI law.

In the 94 page opinion released Monday, the court concluded that the part of the law that allows a defendant’s refusal to submit to a breath test to be admitted into evidence at trial is unconstitutional, citing the right against self-incrimination.

The decision does not apply to tests of a driver’s blood and you could still face a civil penalty of losing your license for up to a year for refusing a breath test.

All of the justices concurred except Warren and Ellington.

In a concurring opinion, Justice Michael Boggs wrote: “The General Assembly may wish to revise the provisions of the implied consent law.”

You can read the opinion in its entirety here.

WRGA