Georgia judges: Drunk driving suspects won’t get licenses back | The Watchdog blog

14
May

Georgia judges: Drunk driving suspects won’t get licenses back | The Watchdog blog

Law enforcement was thrown for a loop in March, when the Georgia Supreme Court ruled that a state law on testing suspected drunken drivers was unconstitutional. The law says that motorists who refuse to be tested for alcohol or drugs lose their driver’s license for a year. But the justices said that law runs afoul of the Constitution’s guarantee against unreasonable search and seizures. The suspect who submits to the required test has not necessarily freely consented to waive the constitutional requirement for a warrant, they wrote in their decision on a Gwinnett County case.

That set off a scramble, with some legal experts predicting that state law would have to be re-written and cops would have to obtain warrants for such tests or the results could be excluded in court.

But in recent rulings, Georgia administrative law judges have said the Supreme Court decision does not apply when it comes to decisions to suspend a driver’s license.

via Georgia judges: Drunk driving suspects won’t get licenses back | The Watchdog blog.

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