A person’s refusal to take a breathalyzer test can longer be used as evidence against that person in criminal court cases, the Supreme Court of Georgia has ruled.
In the ruling, the Georgia justices compared taking a breathalyzer test to making self-incriminating statements, something the Constitution protects against.
If police pull someone over for suspicion of drunk driving, they may ask him or her to breathe into a breathalyzer that measures blood alcohol content. That’s always been a voluntary test. But if police arrest someone for driving under the influence (DUI), they could compel that person to do the breathalyzer test.
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