Baird v. State

Phipps, Judge.

Andrew Baird appeals his conviction of driving under the influence of alcohol to the extent that he was a less safe driver. He argues, among other things, that the trial court erred by instructing the jury that it could infer, from his refusal to take a chemical test, that the test would have shown the presence of alcohol “which impaired his driving.” We agree that this instruction was improper, and we reverse.

On appeal from a criminal conviction, the defendant no longer enjoys a presumption of innocence, and the evidence must be viewed in the light most favorable to the verdict.…