Do they take blood for a DUI blood test after accident without rider knowing?

Asked almost 5 years ago - Tampa, FL

Rider hit on a motorcycle by a car from behind after the motorcycle changed lanes so rider given a careless driving ticket. Only one hurt was the rider who was taken to the hospital in an ambulance. Would they have taken blood to test for DUI in the ambulance or in the hospital without rider knowing.? Can police show up later at home for DUI arrest?

Attorney answers (4)

  1. Lloyd Harris Golburgh

    Contributor Level 11

    Answered . the answer to this question has everything to do with the condition of the rider. if law enforcement has probable cause to believe he is impaired by drugs or alcohol, and, if he has potentially serious bodily injury, law enforcement can order a medical person to draw blood without the rider's express consent. if there is no possible serious bodily injury, but the rider is nonetheless transported to the hospital and is unconscious or disoriented, he is deemed to have given consent to a blood draw...and it will be drawn. finally, if the rider is transported to the hospital, but conscious and oriented, law enforcement can only request a blood sample, but cannot force one. there are no exceptions. if blood was drawn, legally or illegally, law enforcement will show up at the riders house with a summons to appear at a later date for arraignment or an arrest warrant.

  2. Aaron J. Slavin

    Contributor Level 13

    Answered . This is a tricky question where an experienced criminal attorney would need to know a few more facts. Generally speaking, if someone is involved in a traffic accident and the police have a reason to believe that they might be DUI (odor of alcohol, bad driving, admissions, etc.) AND if requesting a breath and/or urine test would be "impracticable" based on the riders medical/health condition, then the police can do a forced blood draw in certain situations.

    Furthermore, if someone goes to a hospital for medical treatment (and if the police suspect that the person was DUI), then the State of Florida will often subpoena the patient's medical records to get the blood results from the hospital. This procedure requires strict adherence to the law as well as notice to the patient and/or the patient's attorney and an opportunity ot object, in Court, to the subpoena requesting the "medical blood."

    If you have any specific DUI-related questions, feel free to contact the SLAVIN LAW FIRM, LLC. We handle DUI's throughout the Tampa Bay area and have experience in dealing with difficult medical blood issues.

    Good luck,

    Aaron J. Slavin, Esq.

  3. Richard Earl Hornsby

    Pro

    Contributor Level 17

    Answered . If there was an accident, then they likely did take blood. You would need to see the hospital records, as the officer probably directed the medical staff to make the blood draw.

    And yes, once the blood results come back, the officer could arrest you for DUI causing serious bodily injury.

  4. Stephen Andrew Mosca

    Contributor Level 17

    Answered . One interesting addition: the police can ask for a blood draw even if the only injury is to the suspect.

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