Supreme Court of Georgia ruling affects DUI cases in the state


    The Supreme Court of Georgia struck down a portion of the state's DUI law, ruling that a driver can refuse to take the breathalyzer test without it being used against them in court//Photo: Kailey McCarthy

    ATLANTA (WFXL) - Earlier this week, the Supreme Court of Georgia struck down a portion of the state's DUI law, ruling that a driver can refuse to take the breathalyzer test without it being used against them in the court of law.

    Dougherty County District Attorney Greg Edwards says everyone has the constitutional right not to do anything to incriminate themselves.

    Previously, prosecutors took into account when a suspected drunk driver refused to take the breath test.

    Even with the new ruling, Edwards says law enforcement officers can still request a search warrant to receive both blood and urine samples and your license can still be taken away if convicted.

    "If they get stopped and they're asked to do a breathalyzer, they don't have to do it and it won't be used against them in court," said Edwards.

    Edwards says officers can conduct other DUI related tests like having the driver walk in a straight line.

    He adds that what it comes down to is that your right to remain silent is protected.

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