Georgia Supreme Court Suppresses Evidence of Defendant’s Refusal to take a Breath Test in Drunk Driving Case


The defendant Sauls was pulled over for erratic driving. After performing field sobriety tests Sauls was arrested for DUI (drunk driving). Pursuant to Georgia law, the arresting officer read Sauls his rights under the Georgia implied consent Statute”. The officer failed to read the notice to Sauls in its entirety, omitting the following information, “Your refusal to submit to the required testing may be offered into evidence against you at trial.” Subsequently, Sauls refused to provide a breath sample.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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