Olevik A/k/a Plevik v. State

Summary

The court held that the Georgia Constitution protects against compelling a DUI suspect to perform the act of blowing deep lung air into a breathalyzer, overruling prior precedent to the contrary. It nevertheless affirmed because the implied-consent notice is not per se coercive and Olevik presented no evidence beyond the notice itself showing that his submission was coerced under the totality of the circumstances.