262 Ga. 687 (1993)

424 S.E.2d 787


Supreme Court of Georgia.

Decided January 22, 1993.

Attorney(s) appearing for the Case

William K. Blackstone, for appellant.

Nathan B. Deaton, for appellee.

HUNSTEIN, Justice.

Stone was convicted of driving under the influence of alcohol. In this appeal from the denial of his motion for new trial, he complains that the trial court erred in charging OCGA § 40-6-392 (a) (3) because that statute is burden-shifting and further, is unconstitutional insofar as it deprives an indigent person, who has been charged with DUI, a second chemical test at the state's expense.

The appellant was stopped by Officer Lee on suspicion of driving under the influence. Following his arrest, the appellant requested a blood test pursuant to OCGA § 40-6-392 (a) (3); however, the arresting officer testified that the hospital refused to administer the test because the appellant could not pay for it.

We are unable to address the appellant's contentions that OCGA § 40-6-392 (a) (3) is unconstitutional as it is axiomatic that a defendant who fails to prove indigency lacks standing to attack the constitutionality of the implied consent statutes. Taylor v. State, 261 Ga. 415 (2) (b) (405 S.E.2d 496) (1991).

Judgment affirmed. Clarke, C. J., Hunt, P. J., Benham, Fletcher and Sears-Collins, JJ., concur.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases