The State sought to use a prior DUI arrest in two prosecutions against Anthony Johnson. The trial court excluded the prior arrest and also treated Johnson’s refusal to submit to a state-administered breath test as constitutionally protected from prosecutorial comment. After the Georgia Supreme Court’s decision in Elliott v. State removed the novel constitutional issue that had prompted transfer, the Georgia Court of Appeals held that the State could not comment on Johnson’s invocation of the right against self-incrimination by refusing a breath test. But the court held that evidence of Johnson’s refusal of a blood test was admissible and that the trial court had not performed the required analysis for admitting the prior DUI arrest as other-acts evidence. It vacated the evidentiary ruling and remanded for that analysis.