FULTON COUNTY, Ga. — The Georgia Supreme Court has ruled that prosecutors may use a driver’s refusal to take a blood alcohol test as evidence in DUI trials, reinforcing an existing legal precedent. The decision stems from a case involving Christine Dias, who was arrested in Fulton County on suspicion of driving under the influence.
Dias declined to take a blood test during her arrest, and her legal team argued that presenting that refusal in court would violate her constitutional rights—specifically protections under the Fourth and Fifth Amendments. A lower court initially agreed, ruling the refusal could not be used against her.
However, the state’s highest court overturned that decision, stating that such refusals can lawfully be introduced as evidence and do not infringe on constitutional protections. The justices emphasized that while Georgia law allows individuals to refuse DUI tests, that refusal may carry legal consequences, including use as evidence of possible impairment.
The ruling sends Dias’ case back to the trial court and affirms that test refusals fall within the scope of due process and do not amount to an unreasonable search or seizure.
This decision provides clarity for future DUI prosecutions across the state, reinforcing that a suspect’s decision to decline testing can be considered by a jury when evaluating guilt.
