refusal to take test in Georgia

11 Georgia opinions name it 1 courts 1983–2020 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

Case	Followed	Cited
State v. Whitegreen gactapp · 1988 · cited in 3 Georgia opinions naming this issue, 1992–1997 2 sentences 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271	3	3
Wessels v. Stategreen gactapp · 1983 · cited in 2 Georgia opinions naming this issue, 1986–1987 2 sentences 1987See South Dakota v. Neville, supra. “ ‘[T]he State wants [the arrestee] to choose to take the test, for the inference of intoxication arising from a positive blood-alcohol test is far stronger than that arising from a refusal to take the test.’ [Cit.]” Wessels v. State, 169 Ga. App. 246, 247 (1) ( 312 SE2d 361 ) (1983). 1987See South Dakota v. Neville, supra. “ ‘[T]he State wants [the arrestee] to choose to take the test, for the inference of intoxication arising from a positive blood-alcohol test is far stronger than that arising from a refusal to take the test.’ [Cit.]” Wessels v. State, 169 Ga. App. 246, 247 (1) ( 312 SE2d 361 ) (1983).	2	2
South Dakota v. Nevillegreen scotus · 1983 · cited in 3 Georgia opinions naming this issue, 1985–1987 2 sentences 1987See South Dakota v. Neville, supra. “ ‘[T]he State wants [the arrestee] to choose to take the test, for the inference of intoxication arising from a positive blood-alcohol test is far stronger than that arising from a refusal to take the test.’ [Cit.]” Wessels v. State, 169 Ga. App. 246, 247 (1) ( 312 SE2d 361 ) (1983). 1986To the contrary, the State wants (defendant) to choose to take the test, for the inference of intoxication arising from a positive blood-alcohol test *84 is far stronger than that arising from a refusal to take the test.’ [South Dakota v. Neville, 459 U. S. 553 (103 SC 916, 74 LE2d 748) (1983).]” Wessels v. State, 169 Ga. App. 246, 247 ( 312 SE2d 361 ) (1983).	1	3
Sorrow v. Stategreen gactapp · 1986 · cited in 2 Georgia opinions naming this issue, 1987–1998 2 sentences 1998To the contrary, the State wants defendant to choose to take the test, for the inference of intoxication arising from a positive blood-alcohol test is far stronger than that arising from a refusal to take the test.” (Citations and punctuation omitted.) Sorrow v. State, 178 Ga. App. 83 -84 ( 342 SE2d 20 ) (1986). 1998To the contrary, the State wants defendant to choose to take the test, for the inference of intoxication arising from a positive blood-alcohol test is far stronger than that arising from a refusal to take the test.” (Citations and punctuation omitted.) Sorrow v. State, 178 Ga. App. 83 -84 ( 342 SE2d 20 ) (1986).	1	2
Cook v. Stategreen gactapp · 2009 · cited in 1 Georgia opinions naming this issue, 2020–2020 1 sentence 2020Relying on the Supreme Court of Georgia’s decision in Elliott v. State,11 Leggett argues that he was coerced into taking the State-administered breath test because the arresting officer advised him that a refusal to take the test could be offered into evidence against him at trial. 8 Middleton, 254 Ga. App. at 648 (1). 9 Id. at 649 (1). 10 Cook, 297 Ga. App. at 703 (citation and punctuation omitted). 11 305 Ga. 179 ( 824 SE2d 265 ) (2019). 7 Under the Georgia Constitution, “[n]o person shall be compelled to give testimony tending in any manner to be self-incriminating.”12 While that provision	1	1
Middleton v. Stategreen gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2020–2020 2 sentences 2020Relying on the Supreme Court of Georgia’s decision in Elliott v. State,11 Leggett argues that he was coerced into taking the State-administered breath test because the arresting officer advised him that a refusal to take the test could be offered into evidence against him at trial. 8 Middleton, 254 Ga. App. at 648 (1). 9 Id. at 649 (1). 10 Cook, 297 Ga. App. at 703 (citation and punctuation omitted). 11 305 Ga. 179 ( 824 SE2d 265 ) (2019). 7 Under the Georgia Constitution, “[n]o person shall be compelled to give testimony tending in any manner to be self-incriminating.”12 While that provision 2020Relying on the Supreme Court of Georgia’s decision in Elliott v. State,11 Leggett argues that he was coerced into taking the State-administered breath test because the arresting officer advised him that a refusal to take the test could be offered into evidence against him at trial. 8 Middleton, 254 Ga. App. at 648 (1). 9 Id. at 649 (1). 10 Cook, 297 Ga. App. at 703 (citation and punctuation omitted). 11 305 Ga. 179 ( 824 SE2d 265 ) (2019). 7 Under the Georgia Constitution, “[n]o person shall be compelled to give testimony tending in any manner to be self-incriminating.”12 While that provision	1	1
Chamberlain v. Stategreen gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Relevant case law demonstrates that Stewart’s actions can be so construed. “[Unless a person is encumbered by a physical or medical limitation, he or she may be considered to have refused to submit to the test if an adequate breath sample has not been provided.” (Footnote omitted.) Chamberlain v. State, 246 Ga. App. 423, 425 ( 541 SE2d 64 ) (2000). 2007Relevant case law demonstrates that Stewart’s actions can be so construed. “[Unless a person is encumbered by a physical or medical limitation, he or she may be considered to have refused to submit to the test if an adequate breath sample has not been provided.” (Footnote omitted.) Chamberlain v. State, 246 Ga. App. 423, 425 ( 541 SE2d 64 ) (2000).	1	1
Wells v. Stategreen gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1999–1999 2 sentences 1999OCGA § 40-6-392 (d); Wells v. State, 227 Ga. App. 521, 523 (2) ( 489 SE2d 307 ) (1997); State v. Leviner, 213 Ga. App. 99, 100 (2) ( 443 SE2d 688 ) (1994). 1999OCGA § 40-6-392 (d); Wells v. State, 227 Ga. App. 521, 523 (2) ( 489 SE2d 307 ) (1997); State v. Leviner, 213 Ga. App. 99, 100 (2) ( 443 SE2d 688 ) (1994).	1	1
State v. Levinergreen gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 1999–1999 2 sentences 1999OCGA § 40-6-392 (d); Wells v. State, 227 Ga. App. 521, 523 (2) ( 489 SE2d 307 ) (1997); State v. Leviner, 213 Ga. App. 99, 100 (2) ( 443 SE2d 688 ) (1994). 1999OCGA § 40-6-392 (d); Wells v. State, 227 Ga. App. 521, 523 (2) ( 489 SE2d 307 ) (1997); State v. Leviner, 213 Ga. App. 99, 100 (2) ( 443 SE2d 688 ) (1994).	1	1
Lufburrow v. Stategreen gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1997–1997 2 sentences 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271	1	1
Duckett v. Stategreen gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1997–1997 2 sentences 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Modlin v. State green gactapp · 1985 2 sentences 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271	2	1992–1997
Huff v. State green gactapp · 1978 2 sentences 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271 1997OCGA §§ 40-5-55; 40-5-67.1; 40-5-153; 40-6-392 (a) (3); see Lufburrow v. State, 206 Ga. App. 250 ( 425 SE2d 368 ) (1992); Rawl v. State, supra; Modlin v. State, 176 Ga. App. 83 ( 335 SE2d 312 ) (1985); Huff v. State, 144 Ga. App. 764 ( 242 SE2d 361 ) (1978). “[T]he State has the right to have its test performed before the defendant’s right to take a test attaches because a refusal to take the test constitutes a waiver of the right to an independent test.” (Emphasis supplied.) State v. White, 188 Ga. App. 658, 659 ( 373 SE2d 840 ) (1988); accord Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271	2	1992–1997
Elliott v. State green ga · 2019 2 sentences 2020Relying on the Supreme Court of Georgia’s decision in Elliott v. State,11 Leggett argues that he was coerced into taking the State-administered breath test because the arresting officer advised him that a refusal to take the test could be offered into evidence against him at trial. 8 Middleton, 254 Ga. App. at 648 (1). 9 Id. at 649 (1). 10 Cook, 297 Ga. App. at 703 (citation and punctuation omitted). 11 305 Ga. 179 ( 824 SE2d 265 ) (2019). 7 Under the Georgia Constitution, “[n]o person shall be compelled to give testimony tending in any manner to be self-incriminating.”12 While that provision 2020Relying on the Supreme Court of Georgia’s decision in Elliott v. State,11 Leggett argues that he was coerced into taking the State-administered breath test because the arresting officer advised him that a refusal to take the test could be offered into evidence against him at trial. 8 Middleton, 254 Ga. App. at 648 (1). 9 Id. at 649 (1). 10 Cook, 297 Ga. App. at 703 (citation and punctuation omitted). 11 305 Ga. 179 ( 824 SE2d 265 ) (2019). 7 Under the Georgia Constitution, “[n]o person shall be compelled to give testimony tending in any manner to be self-incriminating.”12 While that provision	1	2020–2020
Howard v. Cofer green gactapp · 1979 2 sentences 1985Inasmuch as the pretense of compliance is tantamount to a refusal to take the test (Howard v. Cofer, 150 Ga. App. 579 (4) ( 258 SE2d 195 ) (1979); Pfeffer v. Dept. of Public Safety, 136 Ga. App. 448 ( 221 SE2d 658 ) (1975)), the officers were authorized to give testimony regarding appellant’s refusal to submit to the test. 1985Inasmuch as the pretense of compliance is tantamount to a refusal to take the test (Howard v. Cofer, 150 Ga. App. 579 (4) ( 258 SE2d 195 ) (1979); Pfeffer v. Dept. of Public Safety, 136 Ga. App. 448 ( 221 SE2d 658 ) (1975)), the officers were authorized to give testimony regarding appellant’s refusal to submit to the test.	1	1985–1985
Pfeffer v. Department of Public Safety green gactapp · 1975 2 sentences 1985Inasmuch as the pretense of compliance is tantamount to a refusal to take the test (Howard v. Cofer, 150 Ga. App. 579 (4) ( 258 SE2d 195 ) (1979); Pfeffer v. Dept. of Public Safety, 136 Ga. App. 448 ( 221 SE2d 658 ) (1975)), the officers were authorized to give testimony regarding appellant’s refusal to submit to the test. 1985Inasmuch as the pretense of compliance is tantamount to a refusal to take the test (Howard v. Cofer, 150 Ga. App. 579 (4) ( 258 SE2d 195 ) (1979); Pfeffer v. Dept. of Public Safety, 136 Ga. App. 448 ( 221 SE2d 658 ) (1975)), the officers were authorized to give testimony regarding appellant’s refusal to submit to the test.	1	1985–1985
Johnson v. State green gactapp · 1972 2 sentences 1983Defendant next contends that evidence of his refusal to submit to the blood-alcohol test is inadmissible because it is irrelevant to the question of guilt or innocence under Johnson v. State, 125 Ga. App. 607 (2) ( 188 SE2d 416 ) (1972). 1983Defendant next contends that evidence of his refusal to submit to the blood-alcohol test is inadmissible because it is irrelevant to the question of guilt or innocence under Johnson v. State, 125 Ga. App. 607 (2) ( 188 SE2d 416 ) (1972).	1	1983–1983

Statutes the citing opinions construe

GA § 40-6-392 (6) GA § 40-5-55 (5) GA § 40-6-391 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 47 (1974–2025) CA 22 (1968–2023) IL 20 (1974–2010) TX 17 (1977–2011) OH 14 (1967–2008) WA 13 (1975–2016) VT 12 (1993–2018) NY 12 (1984–2024) KS 12 (1962–2022) GA 11 (1983–2020) MO 10 (1973–2011) MD 10 (1983–2022) NM 9 (1993–2022) ND 8 (1994–2025) NJ 8 (1970–2019) CT 7 (1961–2018) OR 7 (1978–2022) CO 6 (1979–2024) WV 6 (1978–2014) IN 6 (1977–2015) UT 5 (1979–2020) WI 5 (1979–2020) AZ 5 (1983–2002) FL 5 (1986–2003) IA 5 (1973–2019) OK 5 (1989–2025) NE 4 (1970–1987) MN 4 (1958–2006) VA 4 (1991–2024) MA 4 (1983–2013) SD 4 (1978–2022) NH 3 (1986–1997) MT 3 (1985–2017) LA 3 (1974–1987) TN 2 (1996–1998) HI 2 (2007–2014) NV 2 (1989–1991) NC 2 (1987–2019) ID 2 (1969–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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