The Solicitor General’s office in Henry County spotlighted the recent work of one of its prosecutors that led to a decision by the state’s highest court that will affect cases across Georgia for years to come.

A DUI case that was decided in Henry County State Court was later reversed by the Georgia Court of Appeals based on the defendant’s assertion that a request was made for an independent sobriety test but was not granted. Any DUI suspect who is stopped by law enforcement and submits to implied consent procedures is given a test by authorities, but also has the right to request an independent test later at his or her own expense.

Due to some confusion on whether the request was made in this case and could be proven either way, assistant solicitor Jeff Upchurch appealed to the Georgia Supreme Court and argued that the standard in such cases should be more strict than in the past. The high court agreed.

“An independent test is invoked by a statement to a law enforcement officer who reasonably would” interpret the defendant’s request, according to the ruling. The previous language included the phrase “reasonably could,” which Upchurch argued was too ambiguous.”

“They only changed one word but it was a very important word,” said Upchurch, adding that the ruling is a positive move for law enforcement officers as well as for public safety in general because it applies only after a defendant has taken a state sobriety test and been shown to be over the legal limit.

His office praised his work in a statement that noted, “His brilliantly written opinion and solid oral argument convinced our Justices on the Supreme Court to overturn years of DUI case law pertaining to ambiguous requests for independent testing. Every single law enforcement office and prosecutorial office across the state will be applying this new legal standard which will be forever linked to our county.”

Upchurch, who was born and grew up in the county and graduated from the former Henry County High School, has been with the office for two decades. He was quick to point out that this decision was not the result of his work alone.
“A lot of people helped,” he said. “It was a team effort.”