In a unanimous decision from the Georgia Supreme Court, Georgia moved into the 21st century by holding that the State’s Implied Consent law was unconstitutional–as to breath tests.

With one (1) sentence, in a nearly one-hundred (100) page opinion (which you can read HERE), the Court changed Georgia’s Implied Consent law as follows: “Consequently, we conclude that §§ 40-5-67.1 (b) and 40-6-392 (d) are unconstitutional to the extent that they allow a defendant’s refusal to submit to a breath test to be admitted into evidence at a criminal trial.”  Elliot v. State, 2019 Ga. LEXIS 112 (Feb. 18, 2019).

If you find yourself dealing with a D.U.I. or D.U.I. refusal case, you need to be aware of these changes in the law.

If you would like to discuss your case, give us a call at 770-415-9848 at the Sellers Law Firm, LLC: Where Clients Become Family.