Georgia DUI Cases of Note


Williams v State – the Constitution is not a loophole or a technicality

Monday, April 06, 2015

georgia dui  law legal earthquakeWilliams v. State, S14A1625, March 27, 2015. A legal earthquake is shaking things up in Georgia DUI law. John Williams was convicted of driving under the influence of drugs. He moved to suppress the state administered blood test on the basis that Georgia’s Implied Consent Statute does not amount to the required voluntary consent under the 4th Amendment of the United States and Georgia Constitutions.  In this case, Williams was not asked if he freely and voluntary consented to the tests but simply was read the Implied Consent Statute and was asked to respond yes or no. 

First, the Georgia Supreme Court held that  and State intrusions into the body require a warrant. Second, the Court held that warrantless searches are presumed unreasonable unless some recognized exception exists,  Third, the Court held that the exigent circumstances exception or loophole did not apply in a DUI case simply because alcohol dissipates over time as in Missouri v. McNeely, 569 US ___, 133 S.Ct. 1552, 185 LE2d  696 (2013).  The only loophole left is the voluntary consent exception.  So the Supreme Court sent the case back to determine if Williams gave voluntary consent to a blood test outside of the Implied Consent rights to see if that loophole to the Constitution applied.  The only question that remains is if actual consent is required for a breath test as well. 

-Author:George Creal





    George C. Creal, Jr. is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Metro DUI lawyers with both an AV Preeminent rating from and a 10.0/10.0 Superb rating on  With over 100 not guilty jury verdicts under his belt, George knows how to convince a jury that the State has not proven his client guilty of DUI beyond a reasonable doubt.
    George Creal Attorney Profile

    The National Trial Lawyers





    No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI arrests occurring in the State of Georgia. Individuals with DUI from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2014 George C. Creal, Jr. P.C.
    Protected by Copyscape Online Plagiarism Checker

     | DUI Alpharetta   |   DUI Athens   |   DUI Atlanta   | DUI Bibb County   

       DUI Conyers    |     DUI Coweta County   |   DUI Decatur   |   DUI DeKalb County 

     DUI Doraville   |   DUI Douglas   |   DUI Douglasville   |   DUI Duluth 

    Atlanta Office Address: 480 John Wesley Dobbs Ave.,  N.E., Unit 190, Atlanta, GA 30312 | Phone: (404) 491-8712

    In the words of Mark Twain, "Continuous Improvement is better than delayed perfection." If you find errors or deadlinks please email us at, we strive to do better.