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Olevik A/K/A Plevikv.The State

CourtSupreme Court of Georgia
Docket No.S17A0738
DecidedOctober 16, 2017
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureConstitutional LawConstitutional InterpretationFourth AmendmentSearch and SeizureDue ProcessStatutory Interpretation
Case Summary

After being arrested for driving under the influence, Olevik submitted to a state-administered breath test following Georgia’s implied-consent notice. He moved to suppress the result, arguing that the notice violated the Georgia Constitution’s protection against compelled self-incrimination and was unconstitutional on its face and as applied. The Supreme Court of Georgia overruled earlier decisions to the extent they treated breath testing as outside that protection. It held that the state constitutional provision protects a person from being compelled to perform an incriminating act, including a breath test, and gives a person a constitutional right to refuse testing. The court rejected Olevik’s facial challenge because the notice, standing alone, was not coercive, and held that the trial court correctly found no coercion under the totality of the circumstances. The court affirmed the denial of the motion to suppress and affirmed Olevik’s convictions.

Opinion

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