State Sen. Randy Robertson, a first-year lawmaker and former law enforcement officer, said he introduced the legislation to ease the burden on police.
The Cataula Republican said Senate Bill 208 is a temporary fix that aims to balance a person's rights with the goal of having safe roads and highways.
In a unanimous ruling, the justices determined that using a driver’s refusal to submit to a breath test against them at trial violates the Georgia Constitution’s protections against self-incrimination. They also affirmed a previous ruling that said it is unconstitutional to force drivers to take the breath tests.
State Sen. Bill Cowsert, R-Athens, questioned whether Robertson's bill would improve the state's DUI law.
“I would hate for us to replace an unconstitutional law with another unconstitutional law,” he said before voting against the bill.
Robertson said the General Assembly may need to eventually amend the state’s Constitutional definition of “self incrimination.”