North Buckhead Driving and DUI School

(678) 510-2099

4641 Roswell Road, Suite B, Atlanta, GA 30342

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Elliott vs State- How it impacts DUI cases in GA

The facts in this case are that Elliott was arrested for a DUI in 2015. She refused the breathalyzer after being read the Georgia Implied Consent Notice. Elliott v. State, the Georgia Supreme Court ruled that under the Georgia Constitution, evidence that a person refused to take a State breath test after being arrested for DUI cannot be introduced at trial. The 94 page decision has ramifications not only for pending DUI breath test cases, but also has implications for future cases, because it involves the Georgia Constitution and the Implied Consent Notice law.
Since you have a Constitutional right to refuse a breath test, it would be illegal to allow the State to use that refusal against you at trial.

Please call North Buckhead Driving and DUI School at (678) 510-2099 if you would like to schedule or visit our website at We are a leading Atlanta DUI School with weekly DUI / Risk Reduction Classes as well as Defensive Driving Classes. You can sign up by calling our office at (678) 510-2099 or by visiting our website at and using our secure registration system.

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