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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can You Be Charged With DUI After Treatment at a Hospital

    After a party, a driver was involved in a single vehicle accident and suffered a blow to the head. The driver has foggy memories of being at the emergency room. Although the driver has fully recovered, he is worried that he might be charged with DUI, because the police responded to the accident, and he had a lot to drink before the accident. However, he was unconscious at the accident scene so there were no roadside sobriety tests, he was not ticketed at the hospital and was never in a police station for a breath test. Could he still be charged with DUI?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Be Charged With DUI After Treatment at a Hospital

    It is possible that the police either obtained a subpoena for a blood draw at the hospital, or that they will subpoena test results from the hospital to try to determine if there is a basis for a DUI charge. The driver can try to find out from the hospital if the treatment records show a court-ordered blood draw or if the police have requested any test results; or the driver can wait and see what happens, contacting a criminal defense lawyer if notified of a DUI charge.

  3. #3
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: Can You Be Charged With DUI After Treatment at a Hospital

    Don't know what state you are in, so I'll share how it works in my state (and probably most others). There is a blood draw for DUI which requires consent. Then there is medical blood, drawn by the hospital and tested for alcohol so they can determine how best to treat the person (and not make it worse by giving medications that conflict with alcohol). The prosecutor in your case can issue a subpoena duces tecum to the hospital to produce your medical records. Expert testimony can establish a minimum blood alcohol content based on the medical tests. They may wait for those results before actually charging DUI.

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