DUI Hospital Blood Test Privileges

Table of Contents

Attorney Christopher J McCannWe have all had nights where we drink to much alcohol and struggle with driving home or calling a cab. In every instance, the only logical and safe solution is to hail a cab or contact a friend to serve as your designated driver. It is important to remember that driving drunk can result in the loss of innocent life. Therefore, never drive drunk and always have a sober driver. However, if you find yourself in trouble with the police and arrested for DUI contact an attorney immediately.

Hospital DUI Blood Tests

Before one can be arrested for DUI, the police officer must conduct a series of field tests and observations to determine whether he/she believes you were operating a motor vehicle while impaired. One of the most common tests conducted is to withdraw blood and test it to determine the blood alcohol level. Generally, a blood test is given in a hospital setting because it requires a qualified medical practitioner to do the withdrawal. As a result, as the accused, you have several DUI hospital blood test privileges.

What To Do If Taken To The Hospital With A DUI

First, if taken to the hospital after a DUI and the doctor orders blood drawn the police can subpoena your medical records; however, they cannot be used in court as evidence of drunk driving. In a hospital setting, a blood test measures both blood serum and/or plasma which both have a higher water count than a whole blood test. Consequently, a blood test done in a hospital might not be an accurate reflection of your blood alcohol level. If the hospital results indicate that a blood alcohol level above the legal limit the police can request an additional blood test that will be examined in their own lab.

Know Your DUI Law Rights

As a citizen, you have the right to refuse a police issued blood test; however, those involved in an accident that hurt someone else can be forced to provide a sample. Furthermore, if you arrive at the hospital unconscious than the police can assume that you have provided consent for a blood test.

If you find yourself facing a DUI charge immediately contact an expert attorney in criminal law. Without the training and experience of a DUI lawyer, you will be unable to effectively defend your case. The additional cost of an attorney is worth the price if it means the charges are dismissed or reduced. If you are in need of a DUI attorney in Orange County California contact Christopher J. McCann.

About Guest Post Author:

Christopher J McCann is a DUI attorney in Orange County California and has 12 years of experience with criminal defense cases. You can read more information on my website at cjmdefense.com or you can also follow me on Twitter at @CJM_Law_Firm.

Related Articles

You may also be interested in

Why Expungement for Drug Crimes is Helpful

Why Expungement for Drug Crimes Matters People who have spent time in prison for a drug-related charge often face discouraging prospects for rebuilding their lives after they’ve been released. Insecure living conditions, limited options for

Read More »

Monthly Newsletter

Law Offices of Mark A. Gallagher

Whether it’s a DUI, domestic violence, suspended license, traffic tickets, or any other criminal matter, the Law Offices of Mark A. Gallagher can help. Schedule your FREE consultation below or call us at 800-797-8406. For more information, visit  www.socaldefenselawyers.com