The Georgia Supreme Court ruled Monday that the state constitution protects drivers right to refuse a breathilizer test. This is not a new law. It’s simply a new interpretation of the Georgia state constitution.
This ruling means that when a driver is pulled over for a suspected D-U-I, the person can refuse to submit a sample of their breath. With the new ruling, Georgia courts can no longer interpret the refusal as an admission of guilt.
While a breathalyzer test is one way to test for blood alcohol content in a driver, officers are trained to also look for other signs of intoxication during a traffic stop, such as smelling the odor of alcohol.
Drivers have always been able to refuse a breathalyzer test, but now that refusal cannot be used against them in court as an admission of guilt.