Georgia Supreme Court Drastically Changes DUI Law
I have a lot of mixed feelings about the Georgia Supreme Court’s opinion in Elliott vs. State. Make no mistake, there is a lot to digest in this 90+ page opinion. But one this is certain, major changes to our understanding of Georgia DUI law is here.
This ruling provides protection to individuals charged with Driving Under the Influence. The Court held that the State of Georgia can no longer use a person’s refusal to take the state administered breath test against them at trial for a DUI. This ruling is based on the Court’s interpretation of the Georgia Constitution that provides more protection against self-incrimination than the Federal Constitution. However, the opinion makes clear that the ruling does not apply to civil proceedings where a DUI driver is sued for hurting someone or causing a crash.
I’ve vigorously defended good people charged with DUI. As a personal injury lawyer, I’ve helped families through the horrific aftermath that a drunk or impaired driver can cause to a person and their family.
Still, the best advice a lawyer can give you if you are concerned about alcohol and driving has not changed. Call a cab. Use Uber or Lyft. Find a sober driver. Do it for yourself. Do it for your community.
