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Letter to Editor Illuminates Ignorance of Georgia DUI law
Wednesday, 20 February 2008

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.  






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