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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can You Be Charged With DUI After a Hospital Blood Test

    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?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Be Charged With DUI After a Hospital Blood Test

    If the police weren't at the hospital, it is unlikely that they are going to try to subpoena the driver's medical records to see if there is a blood test that would support an impaired driving charge, and unless they have other evidence of impairment the defendant could likely get such a supboena quashed as an improper fishing expedition.

    If the police call the driver and start asking about the accident, the driver should decline to discuss the matter and refer them to his lawyer. Such a call would suggest that they are continuing to investigate a possible criminal charge.

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