On February 17, 2008, the
AJC published a letter to the Editor of the Gwinnett County Section of
the paper from Rodger Chapman, which stated "I thought if someone
refused a breath test or field sobriety test, it's an admission of
guilt, even if he told troopers he was a Gwinnett County police
officer. " This is a huge but common misperception of Georgia DUI
law. Georgia DUI law only permits an inference in the refusal of a state administered chemical tests that a chemical
test of either blood, breath or urine would indicate the presence of
the prohibited substance if refused. In other words, if you
refuse an alcohol breath test, the only legal inference is that you
have alcohol in your system. Practically speaking, many jurors
will consider a test refusal as an admission of guilt or that the
Defendant is hiding something but this is an illegal inference under
Georgia law. Remember, all Defendants are innocent until proven
guilty beyond a reasonable doubt in a court of law and in a refusal DUI the State must
still provide proof beyond a reasonable doubt that alcohol affected the driver's ability to drive to
the extent that he was less safe than if he did not drink or incapable
of driving safely. Ultimately, common sense is the final
arbiter. If you look and act drunk, you are guilty. If you
don't, you are innocent.