Georgia's DUI jurisprudence was given a massive shakeup recently courtesy of the Georgia Supreme Court's ruling in Olevik v. State, S17A0738 (October 2017). Per the ruling in Olevik, police in Georgia can no longer force drivers to submit to breathalyzer tests when suspected of driving under the influence. Citing the constitutional protection against self-incrimination, the Court ruled unanimously that the long-standing practice in Georgia violates drivers' constitutional rights.

Previously, the doctrine of implied consent governed the issue of compelled breath tests in the state. Put simply, the law considered all drivers in Georgia to have given consent to tests of their breath, blood, and other bodily fluids simply by choosing to drive within the state. If one was suspected of driving under the influence, police could force drivers to submit to testing and a refusal to do so resulted an automatic forfeiture of one's drivers license as well as other legal penalties. Because all drivers in Georgia were assumed to have given "implied consent" to such tests as a condition of driving, refusing such tests was prohibited.

Olevik seems to challenge the doctrine of implied consent and the longstanding jurisprudence in the state affirming its legality. It is clear, after Olevik, that police can no longer force drivers to submit to breathalyzer tests and, presumably, the refusal to do so cannot be used against criminal defendants in court. This is a big and positive development in the state's DUI law and will be very interesting to see how courts across the state interpret the ruling moving forward.

If you have DUI charges in the state of Georgia, it is very important you hire an experienced attorney to help navigate the process, especially with the laws changing so significantly. Contact Davis & Jones, Attorneys at Law for assistance with any DUI or related charge.

For the full text of the Olevik opinion, please click here