Alcohol & Drugs: DUI, DWI delayed charge

[rosethorn]

If you are involved in a single car accident, no property damage, totaled vehicle only as result (minor injuries), police come, investigate, only write out citation, no alcohol testing, etc, but ER doc orders BAC blood test which is positive, can those test results get back to the police? I was feet from my home, brake locked and hit ice which caused truck to veer off and roll. I had to call 911 from the house. Was taken to ER for tests (whiplash, etc) but so far, that is all. Wondering what, if anything, could happen after the fact.

 

[mightymoose]

Your medical records are private. In this scenario police would not have access to the information. Besides, the hospital test could not be used as evidence. They would have needed to collect a sample from you and maintain control of it.

I'm sure any alcohol that was in your system was from after the wreck.

 

[CdwJava]

COULD the police subpoena or seek a search warrant to obtain your medical records? Yes. Would they be an effective means of determining your BAC at the time of the collision? Maybe. Would these results be able to be challenged successfully by a decent defense attorney? Quite possibly.

While it is possible that the police could pursue it, if the police did not make it an issue at the initial scene it is unlikely that they will re-visit it after the fact. One way to try and prevent them from amending their complaint might be to plead guilty to the citation and pay the fine sooner rather than later.

 

[Betty3]

Agree with considering paying the citation & that "should be" the end of it.