A driver’s refusal to submit to a breath test cannot be used as evidence in a criminal trial for driving under the influence, Georgia’s Supreme Court ruled Monday, throwing out that part of the state’s DUI laws as unconstitutional.
The high court unanimously agreed the provision violated the Georgia Constitution’s protection against self-incrimination.
Justice Nels S.D. Peterson, in the ruling , acknowledged the Supreme Court’s decision could make it more difficult to prosecute DUI offenses. But Peterson added: “The right to be free from compelled self-incrimination does not wax or wane based on the severity of a defendant’s alleged crimes.”
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