Recently, the Georgia Supreme Court issued a monumental opinion regarding breath tests under Georgia DUI law: unlike the US Constitution, the Georgia Constitution sees such actions as self-incriminating. Now, they stopped short of ruling the “implied consent” law as coercive and upheld the guy’s conviction; HOWEVER, the Court instructed trial courts to look at the totality of circumstances to determine coercion (i.e., was the officer’s actions over the top? Did you feel required to blow? etc.). If the court finds coercion, the test will be tossed absent some warrantless search exception. Another score for liberty!!
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