Award v. Georgia
Annotate this CaseThe Georgia Supreme Court granted certiorari to determine whether the scope of Article I, Section I, Paragraph XVI of the Georgia Constitution of 1983 (“Paragraph XVI”) extended to another test sometimes administered in driving-under-the-influence cases, namely, a chemical test of urine. Under the reasoning of Olevik v. Georgia, 806 SE2d 505 (2017) and Elliott v. Georgia, 824 SE2d 265 (2019), the Supreme Court held that the right against compelled self-incrimination protected by Paragraph XVI prohibited the State from admitting into evidence a defendant’s refusal to urinate into a collection container as directed by the State for purposes of providing a urine sample for chemical testing.
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