A driver in New York was in an accident, and was injured. The police came to the scene. He was taken by ambulance to a hospital, but the police didn't go to the hospital.
At the hospital he was given a blood test that showed a high BAC. But the police did not do sobriety testing (he was injured) or request any breath test at the scene.
Is it possible that he will be charged with drunk driving based on the hospital test, even though the police didn't do their own testing or come to the hospital?