Oral Arguments in the Georgia Supreme Court were held in Olevik a/k/a Plevik v. State, S17A0738, on August 18, 2017. The arguments were very telling. The defendant was essentially asserting that Police can not compel acts under the Georgia Constitution, and wrapping your lips around a breath tube, directing air for a minimum period, and at a minimum flow rate is an act. “The Georgia Constitution has long granted more protection to its citizens than has the United States and that, while the [Georgia] cannot grant less protection, it can grant more.” Creamer v. State, 229 Ga. 511 (1972). Quoting Day v. State, 63 Ga. 667 (1879), the Creamer court said that “a defendant cannot be compelled to incriminate himself by ACTS or words.”

Examples of acts deemed to be compelled under the circumstances include handwriting exemplars (State v. Armstead,152 Ga. App. 56 (1979)), production of lottery tickets (Grant v. State, 85 Ga. App. 610 (1952)), driving a motor vehicle upon scales (Aldrich v. State, 220 Ga. 132 (1964)), and forcing a defendant to place the foot in shoe print near the scene of burglary (Day v. State, 63 Ga. 667 (1879)).  The Justices made clear that blowing into a breath test is an act. The Justices also made clear that Georgia Implied consent rights are misleading because they state that Georgia law requires you to blow when in fact the Constitution says the opposite.  You have a Georgia Constitutional right to say NO to Georgia Implied consent.  I have renewed faith in our justice system today. The Force is strong in this one.

-Author: George Creal

Atlanta DUI Attorney | DUI Lawyer Atlanta