GA 40-5-67 - GA 40-5-67

Refusal by Driver to Submit to Test Constitutionality. - Georgia Supreme Court concluded that Ga. Const. 1983, Art. I, Sec. I, Para. XVI precluded admission of evidence that the suspect refused to consent to a breath test; thus, O.C.G.A. §§ 40-5-67.1(b) and 40-6-392(d) were unconstitutional to the extent that the statutes allow the defendant's refusal to submit to a breath test to be admitted into evidence at a criminal trial. Elliott v. State, 305 Ga. 179 , 824 S.E.2d 265 (2019). License suspended only when person refuses test. - Only when a person has refused to submit to the chemical test upon the request of the law enforcement officer shall that person's license be suspended under the law. Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979) (decided under former Code 1933, §...