Supreme Court of Georgia

State v. Dias

March 13, 2025321 Ga. 260

Summary

The Supreme Court of Georgia vacated the trial court’s order excluding Christine Dias’s refusal to submit to a warrantless blood test and remanded for further consideration of other grounds, such as a Rule 403 relevance analysis, before addressing any constitutional issues. The Court held that the trial court erred by relying on Elliott and Olevik, which are limited to breath tests, and therefore did not resolve the constitutionality of OCGA § 40‑6‑392(d) as applied to blood tests.