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Can I be charged with a DUI after a car accident with a clean and completed police report?

Panama City, FL |

I was involved in a car accident and was taken to the hospital. The nurses took my blood at the hospital but did not say what for. The police report says no suspension of alcohol and no test given, and it is the completed form. If my BAC was above the limit can there still be an investigation going on and I be charged?

Attorney Answers 4


If the police believe that your accident involved alcohol, it's not only possible but likely that they may prosecute you for DUI with Serious Bodily Injury. I recommend you retain local counsel to assist you with your case, so that you're fully prepared to deal with the charges.

Best of luck!

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

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I am sorry but yes you can. As long as the police have evidence that you were in actual physical control of the vehicle, you can be charged with a DUI if the BAC supports impairment.
Contact a local DUI attorney asap, this is a case you want them working on it early.
Good luck,

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I am sorry to say but the answer is clearly yes. You will need to contact a local DUI lawyer to assist you as you may have some legitimate defenses to the blood draw and other complicated issues involved with DUI blood cases.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.

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Based upon what you typed, it is quite possible that there is no suspicion of intoxication / impairment in your case. Generally, but not always, where law enforcement has even the slightest suspicion that alcohol - or substance(s) - is / are a factor in the accident, then they will so indicate on the traffic accident report (there are a variety of "check-boxes" on the statewide standard report form, and your description suggests that these boxes were not checked), but, again, this is not definitive (meaning that unchecked boxes do not preclude the possibility that you might face a DUI charge sometime down the pike).

"Blood draw" DUI cases present many opportunities for legal challenge, and given your facts (which are not at all uncommon) you should make an appointment and sit down with a competent DUI attorney (or 2) and more formally address the same (there's only so much that lawyer's can say over the internet).

Just by way of example (please note that this is but one facet of a multi-phased process), a blood draw can occur at the request of law enforcement (if they have probable cause to believe that you were in actual physical control of a motor vehicle, were involved in an accident that resulted in either serious bodily injury or in death and were intoxicated / impaired at the time of the accident) or it can occur at the hospital purely for medical / treatment purposes. If the venipuncture is accomplished at the direction of law enforcement then your attorney will have many an opportunity to challenge the legitimacy and admissibility of the same (as the rules are both stringent and inflexible in this regard); whereas if the blood is taken for medical purposes then the State will have to follow a strict protocol to first acquire and then to be able to admit the results (and, again, your lawyer will absolutely need to respond to the State's intention to do so). Either way, if the State seeks to charge you based upon a blood draw then you will definitely need a lawyer to deal with this, and the plethora of other components in a traditional DUI "blood case".

You should also be aware that in circumstances such as yours it is not uncommon for time to pass, sometimes a significant amount of time, before a charge is levied (in Miami-Dade County, where I primarily practice, it can takes weeks, even months, before the State gets around to charging someone in a DUI blood case) and its entirely possible that you will be in a veritable "legal purgatory" during that interim time period.

While, at this juncture anyhow, no one can definitively tell you whether or not you will be charged, you can take certain steps to educate (and possibly to protect) yourself. Apart from consulting with competent counsel, chief among the things that I would strongly recommend that you do (and, if you do this beforehand, then it almost certainly will prove to be helpful when you do sit down with potential counsel) is that you yourself physically to go to the record's department at the hospital that treated you and that you secure copeis of all ("all") of the medical records associated with your treatment (this will include not only blood screening results but should also contain any statements that you may have made to medical / treating personnel, any requests that law enforcement may have made of hospital staff and any impressions that medical personnal may have made in regard to our condition at the time).

More than this I cannot say / advise over the internet, save that I hope that you are not charged and that sometimes the best defense truly is a good offense. Good luck!

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