Legal Opinion · Concurrence

Elliott v. State

Supreme Court of Georgia

Decided February 18, 2019No. S18A1204Published

1ConcurrenceBoggs, Justice

I join the Court's opinion in full, but write to clarify certain implications of the Court's decision today and our earlier decision in Olevik v. State, 302 Ga. 228, 806 S.E.2d 505 (2017).

First, it is important to identify the provisions of the implied consent law that are not affected. As acknowledged both in the Court's opinion today and in Olevik, the scope of these decisions is limited to chemical tests of a driver's breath; they do not apply to tests of a driver's blood. Also unaffected is the core component of the implied consent enforcement scheme: the administrative license suspension…

2Cases cited2 opinions

  1. Olevik v. StateSupreme Court of Georgia · 2017
  2. Sauls v. StateSupreme Court of Georgia · 2013

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