Do I have to blow into a breathalyzer during a DUI investigation?
A recent decision by Georgia Supreme Court has major implications to how driving under the influence (DUI) of alcohol cases are investigated and prosecuted. The Georgia Supreme Court in the case of Elliot v. State of Georgia, have declared that a person has the right against self-incrimination under the Georgia Constitution. This means you cannot be compelled to provide a breath sample to the police during a DUI investigation.
Before this case Georgia Police Officers often would read a warning to DUI suspect called the Implied Consent Warning. This warning would let the person know that if they refused to provide a breath sample to help build a case against them, then that refusal would be used against them at trial. This was a true “damned if you do, damned if you don’t” scenario. The court ruled in Elliot’s case that the Georgia Constitution protect a person right to refuse the breath test. Meaning a refusal to assist the police can no longer be brought up in trial. The Implied Consent Warning is still in effect that a refusal to provide a breath sample can result in a suspension of your privilege do drive in Georgia, but Prosecutors know now they can no longer use your refusal to cooperate with investigation against in a possible trial.
The landmark decision changes investigations and prosecutions of DUI. Officers and Prosecutors no longer have a major tool to compel people to provide evidence against themselves. But this decisions is limited just to breathalyzer test, Law Enforcement still has the ability to get a warrant for a blood specimen of a DUI suspect.
If you are facing a DUI charge, understanding your Constitutional rights is a imperative. If you have already provide the police valuable evidence against yourself you need a knowledgeable Attorney who can walk you through the legal process, analyze the strengths and weakness of your case, and advise you on what the best course of action is in your case.
Contact the Law Offices of George U. Aigbe for your legal matters.
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