I am attempting to obtain a toxicology report for an individual in an auto accident in Texas. Are toxicology reports included in the auto accident report and included in an open records request? If not where/how would it be located?
No, they are not included with a typical Texas Crash Report. However, if you believe that the driver that struck you was intoxicated, you should make a detailed Open Records Request with the police department handling the offense requesting copies of various items that address the issue of intoxication. These items can include things such as video and audio recordings of the person, SFST results (Standard Field Sobriety Test), breathalyzer results, toxicology reports, confessions, and statements. Unfortunately, many times the police department will not release this information because they can claim an investigation privilege while the police are pursuing criminal prosecution. However, if you are the victim, and the District Attorney is pursuing the case, usually, the District Attorney will allow you to view the information. However, sometimes the toxicology reports are obtained through a hospital facility as opposed to a nurse at the police crime lab. In those cases, it is very difficult to get a copy of the toxicology report without filing a lawsuit and serving a valid subpoena on the medical facility since the hospital or other medical facility has a legal duty under HIPAA to protect confidential medical information such as a toxicology report.
No, toxicology reports are not included in the Texas Crash Report. There is usually an indication if the investigating peace officier believes alcohol to be a factor. The arrest report will usually have a finding of the blood alcohol level or other toxicology findings. Arrest reports are usually difficult to get unless there is litigation, or you are an involved party. At The HART Law Firm, we sue drunk drivers and buzzed drivers. I am available for consult at (817)485-8888.
