Supreme Court of Georgia

Awad v. State

January 19, 2022313 Ga. 99

Summary

The Court held that Georgia's constitutional protection against compelled self-incrimination bars the State from introducing evidence that a defendant refused to urinate into a collection container as directed for chemical testing. Because producing the sample required Awad to perform an affirmative act, he had a constitutional right to refuse, and the trial court properly suppressed evidence of that refusal. The Court reversed the Court of Appeals and remanded.