From AJC Politics
From AJC Politics

Kemp signs Georgia DUI breathalyzer bill

The high court unanimously found that part of the state’s DUI law violates the U.S. Constitution’s protections against self-incrimination. The ruling sets the stage for a re-write of the law by the state legislators.
By Mark Niesse
April 29, 2019

A new Georgia law prevents police officers from telling drivers that their refusal to take breathalyzer tests could be used against them in court.

Gov. Brian Kemp signed the measure into law in Savannah on Sunday.

The legislation, House Bill 471, changes the language police officers read to suspected drunk drivers when they're pulled over.

The bill passed the Georgia General Assembly after the state Supreme Court ruled in February that requiring suspects to blow into breathalyzers is a violation of constitutional protections against self-incrimination.

Officers can still mandate blood or urine tests, and they can also ask drivers to voluntarily take breathalyzer tests.

Kemp also signed several other bills Sunday, including a measure that prohibits use of drones to deliver contraband to prisoners.

About the Author

Mark Niesse is an enterprise reporter and covers elections and Georgia government for The Atlanta Journal-Constitution and is considered an expert on elections and voting. Before joining the AJC, he worked for The Associated Press in Atlanta, Honolulu and Montgomery, Alabama. He also reported for The Daily Report and The Santiago Times in Chile.

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