Swain v. State

Phipps, Judge.

On the night of January 20, 2000, Carol Swain’s car crossed the centerline of traffic and collided head-on with another vehicle. She was charged with DUI to the extent she was a less safe driver, and a jury later found her guilty. On appeal, Swain asserts that the trial court erred in admitting evidence that she refused to consent to a blood test for the presence of alcohol because an administrative law judge (ALJ) already had ruled at her driver’s license suspension hearing that she did not refuse testing. She also argues that the trial court should have charged the jury that…