3-1769-4827 For Immediate Release:
Georgia House of Representatives Public Information Office
Room 131, State Capitol 30334 404-656-5082 1-800-282-5800
March 6, 2003
Legislation would Close DUI Loophole
Current Law Leaves Citizens Unprotected
Atlanta State Senator Don Balfour, R-Snellville and State Representative Stephanie Stuckey
Benfield, D-Decatur have introduced Senate Bill 13 and House Bill 651, which would close a much used DUI loophole. The legislation would make it a misdemeanor, with penalties parallel
to DUI offense, for refusing state administered chemical testing administered by police officers
when determining if a driver is impaired.
Currently, drivers who refuse the testing face no deterrent effect for failing to cooperate and can legally obstruct police officials from obtaining potentially incriminating evidence. The only sanction for refusal to take test is a temporary suspension of a person's privilege to drive, which is a civil penalty.
"The problem is now many DUI drivers recognize that their refusal of chemical testing prevents a police officer from gathering necessary proof, not to mention the most accurate and reliable evidence, to merit a DUI conviction," said Balfour. "The results often times are that the DUI charges are dismissed or reduced to a lesser charge."
"This important public safety legislation will close the loophole that rewards drunk drivers for being uncooperative and help identify repeat DUI offenders," said Benfield. "Sen. Balfour and I are going to work very hard to pass Senate Bill 13 or House Bill 651 this session."
# # # For further information, contact Sen. Balfour at 404-656-0095 or Rep. Benfield at 404-656-6372.