Free Initial Consultation
  • Richmond Office: 912-289-0672
  • Hinesville Office: 912-289-0673
  • Ludowici Office: 912-302-4140

Georgia prosecutors can't bring up failed Breathalyzer tests

Late in February, the Supreme Court of Georgia ruled that prosecutors can't say if a defendant has previously declined a Breathalyzer test when trying a drunk driving case. In the past few days, senators were supposed to discuss whether roadside breath tests should be made mandatory in the state. The latest push to get these laws changed comes at a time when prosecutors are struggling to get convictions in these cases.

Under current laws, police officers who suspect that a motorist is drunk have to take them into custody. They must then bring them to a local hospital to have blood tests performed to see how intoxicated they are.

When the supreme court justices entered their ruling in late February, it resulted in police having to relay a different message to individuals when they're stopped. They're now not allowed to tell them that their refusal to comply with breath testing can adversely impact their court case. Even still, police can require them to submit to blood, breath and urine testing.

At this point, it will take a constitutional amendment to overturn the supreme court's ruling on the matter. Many legal analysts have argued that the proposed amendment violates an individual's protection against self-incrimination.

It's unlikely that lawmakers will have a chance to push for the constitutional amendment until the next legislative session gets underway. Until then, prosecutors will have to rely on police testimony about a defendant's slurred speech or dashcam footage of them failing field sobriety tests or swerving their car.

Driving under the influence (DUI) or driving while intoxicated (DWI) charges are no laughing matter. Georgia motorists who take to the road drunk put others at risk of becoming injured or being killed. Individuals in Hinesville who are convicted of drunk-driving offenses may put their ability to retain employment at risk. A DUI/DWI attorney can help you craft an aggressive defense if you've been accused of drunk driving yourself.

No Comments

Leave a comment
Comment Information
  • Peer Review Rated 2011 | For Ethical Standards and Legal Ability | 2018
  • GTLA
  • Atlanta Bar Association | Lawyer Who Serve
  • State Bar of California
  • State Bar Of Georgia
  • American Association For Justice
  • ABA
Email Us For A Response

Get Answers To Your Questions

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Hinesville Office
128 South Main Street
Hinesville, GA 31313

Phone: 912-289-0673
Fax: 912-369-4542
Hinesville Law Office Map

Richmond Hill Office
10221 Ford Avenue
Richmond Hill, GA 31324

Phone: 912-289-0672
Fax: 912-459-2227
Map & Directions

Ludowici Office
348 East Cypress
Ludowici, GA 31316

Phone: 912-289-0673
Phone: 912-302-4140
Fax: 912-302-4180
Map & Directions