The Georgia Supreme Court has ruled using a breath test refusal against an individual charged with suspicion of DUI is unconstitutional.

Pursuant to the new ruling, when a person is detained for suspicion of DUI in Georgia, their refusal to submit to a DUI breath test cannot be used against them in the DUI criminal case. However, the arresting officer can get a judge to sign a warrant for a DUI blood draw or a DUI urine sample.

The DUI ruling will likely encourage officers who detain people for suspicion of DUI to get a warrant for a DUI blood draw. If an officer is able to get a warrant for a DUI blood draw, the person detained will be required to permit the officer to draw their blood for a DUI analysis.

In Oklahoma, it is not a separate crime for a person to refuse an Oklahoma DUI breath test. A bill was introduced two years ago that would’ve made an Oklahoma DUI refusal a separate crime, but the bill was deemed unconstitutional on other grounds. However, at trial, an Oklahoma jury may be able to consider a DUI refusal evidence of guilt.

An Oklahoma DUI refusal can still be used against a person in their DPS administrative hearing. A person who is arrested for DUI in Oklahoma and refuses to submit to an Oklahoma DUI blood or breath test, may be required to have an interlock (blower) installed in a vehicle for 18 months for a first time DUI offense.