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King v. State

O.C.G.A. § 24-9-40 a violates the Georgia Constitution's right to privacy to the extent it allows a health care provider to release medical records on subpoena by the state.

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Rebecca King was convicted of driving under the influence of alcohol to an extent which rendered her less safe to drive. In this direct appeal, she challenges the trial court’s denial of her motion to quash the State’s subpoena of the results of a hospital-administered medical blood test and the admission into evidence of the blood test results on various constitutional grounds. Because we agree that OCGA § 24-9-40 a,1 to the extent that it permits the production of medical information on subpoena by the State, unconstitutionally infringes on the right to privacy embodied in the Georgia Constitution, we reverse the judgment below.

The evidence of record demonstrates that King was involved in a one vehicle accident. Emergency personnel found her semiconscious near her overturned vehicle. State troopers arrived at the accident scene after King was transported by ambulance to Athens Regional Medical Center but were able to ascertain from witnesses that King appeared to be the only person involved in the accident. The trooper’s accident report was silent as to the presence of alcohol and he testified at trial that he had no recollection if alcohol played a part in the accident. An emergency attendant on the scene noted the “possibility” that alcohol was involved in the accident because he detected an odor “in that general area”; but he could not determine if that odor was emanating from the defendant or her vehicle.

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