The Pennsylvania Supreme Court has ruled that the U.S. Supreme Court’s 2016 ruling in Birchfield v. North Dakota did not make it unconstitutional for prosecutors to use a DUI suspect’s refusal of a warrantless blood draw against him at trial.

In Commonwealth v. Bell, the justices ruled 5-2 to affirm the Superior Court’s reversal of a Lycoming County trial judge’s decision to grant defendant Thomas Bell a new trial after he was convicted on a DUI charge and a summary traffic violation.