Chamberlain v. State

Phipps, Judge.

Debra Chamberlain appeals her conviction of driving under the influence of alcohol and failure to maintain her car in the appropriate lane. She claims that the trial court erred in admitting evidence of her alleged refusal to take a state-administered breath test. Based on the language of the governing statute, OCGA § 40-6-392 (a) (1) (B), we must agree and reverse.

On September 24, 1999, at approximately 11:00 p.m., Chamberlain was driving south on Clairmont Road in Atlanta, crossed the centerline, and hit another car, injuring the driver. The driver of the car behind her had…