My question involves criminal law for the state of: South Dakota
I was in an accident and taken to the hospital. The HP was there and I told him I couldn't blow in the breathalyzer and then the Dr. came in and took my to x-ray and told the HP that they would have to wait on the blood draw. The deputy also showed up and said he talked to the States Attorney and he said they didn't need to wait. He would just get the BAC from the hospital. What is the chances of him being able to use those records in court. An alcohol swab and Iodine were both used on the draw site prior to taking the sample and it was tested at the hospital using serum blood.