Pfeffer v. Department of Public Safety

Clark, Judge.

"Not drunk is he who from the floor Can rise alone and still drink more;

But drunk is he, who prostrate lies, Without the power to drink or rise.”

That fabled folklore favorite for testing inebriation contrasts with our modern mechanical method of an intoximeter machine, the use of which is here involved.

Appellant has taken this appeal from the superior court judgment affirming the suspension of his motor vehicle operator’s license for failure to comply with the Implied Consent Law. (Ga. L. 1968, pp. 448, 452; Code Ann. § 68-1625.1).

The evidence at the agency’s hearing consisted of…