Georgia punishes silence—even when you’re asserting your constitutional rights. That needs to change.
The Willis Law Firm has filed a petition with the United States Supreme Court to strike down Georgia’s implied consent (IC) law that lets police demand a blood test without a warrant. Backed by the same legal team that partnered with Attorney Greg Willis in the 2024 SCOTUS victory McElrath v. Georgia, this case takes aim at one of the state’s most constitutionally questionable DUI enforcement tactics.
Why Georgia’s Law Crosses the Line
Georgia law mandates a one-year license suspension and allows prosecutors to use a person’s refusal to submit to a blood test as evidence of guilt—even when that refusal is simply someone exercising their Fourth Amendment rights. That’s the problem we’re asking the U.S. Supreme Court to fix.
In Birchfield v. North Dakota, the Court made one thing clear: police cannot force a blood draw without a warrant unless there’s an emergency. The justices also noted that breath tests are a less intrusive, reasonable alternative—and that states like Georgia have electronic warrant procedures that make the process fast and practical.
The key difference? North Dakota made refusal a separate crime. Georgia punishes refusal through civil and evidentiary penalties instead. That includes automatically suspending your license and letting a jury interpret silence as guilt.
If it was unconstitutional to criminalize refusal in Birchfield, it’s even more extreme for Georgia to impose harsh consequences that effectively punish you for saying no to an involuntary blood draw.
You shouldn’t lose your license or be branded guilty at trial just because you exercised your right to be free from unreasonable searches.
What Could Change if This Case Wins
A ruling in our favor would stop Georgia from using fear and penalties to force people into giving blood samples. It would also block prosecutors from using your silence in court as evidence against you.
This isn’t about letting drunk drivers off the hook. It’s about requiring the government to follow the same rules it demands from citizens.
If breath tests are enough—and Georgia already uses streamlined electronic warrants—then forcing blood draws under the threat of losing your license and credibility goes too far.