GloRilla Gwinnett County DUI Case

Memphis-born rapper and 2022 Grammy nominee, GloRilla, was arrested for a DUI in Gwinnett County, Georgia recently. The reason we think this story is interesting – the star refused to give a breathalyzer test. Is that legal in Georgia? What are the consequences? Is that advisable if you are pulled over and under suspicion for a DUI in Georgia? Here’s our take.

In Georgia, you have the right to refuse a breathalyzer test. In 2019, the Georgia Supreme Court ruled that compelling a person to give a breath test was unconstitutional. And, a refusal of that test cannot be used as evidence for your arrest or against you in court. Bottom line, drivers in Georgia do have a right to refuse a breathalyzer test.

But, traffic laws in Georgia are a separate matter. Your Georgia driver’s license could be suspended if you refuse a breathalyzer test. That is because of Georgia’s “implied consent” law. This law says that when you are issued a license, you are consenting to these types of tests. So a refusal can potentially lead to a year-long license suspension.

Also, if you refuse a breath test, a police officer can still require a urine or blood sample test to discover your blood alcohol content. These were not outlawed in the 2019 court ruling and can still be acquired through use of a valid search warrat.  These tests are often more difficult to acquire in the field, which makes them less preferable to law enforcement.

What do we think about refusing a breath test? We think, in GloRilla’s case, it was probably the right way to go. Even though she was arrested, the officers have fewer pieces of evidence to use against her in court. Also, unlike the rapper’s case, we do recommend avoiding field sobriety tests. She consented to a few of these unreliable tests but we think they are best avoided.

The best thing you can do is know your rights in Georgia. And, if you are arrested for a DUI, find someone with experience to help you navigate your case.