I was involved in an accident and taken to the hospital for treatment. There they performed test to check my well being. They

Attorney answers (6)

1. Licensed in IL

   

   Stephen HoffmanPro

   Chicago Personal Injury Lawyer

   Contributor Level 18

   

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   Answered February 02, 2013 12:44. If there is probable cause to believe you were involved in a DUI incident, the officer can request this from the hospital, but only if they already drew blood for another purpose. Without a warrant, the hospital will fight this.
   
   More important, we're you in an accident? Why were you in the hospital? Related to the accident? Why was a cop involved?
   
   You'd be best to repost this under criminal, as a criminal lawyer might be of some help to you. This has nothing to do with med mal.
   
   Good luck.
   
   Stephen L. Hoffman
   Law Office of Stephen L. Hoffman LLC
   Chicago, IL
   773-944-9737
   Email: stephen@hofflawyer.com
   Website: www.hofflawyer.com
   Blog: www.hofflawyer.com/blog/

   This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... moreThis answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately. less

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2. Licensed in IL

   

   Harold L. WallinPro

   Chicago DUI / DWI Attorney

   Contributor Level 12

   

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   Answered February 02, 2013 13:01. Illinois law provides for an exception to doctor/patient confidentiality which would have allowed the nurse to give the officer the BAC result. The State's attorney also has the ability to subpoena the blood test records, although your attorney can move to quash the subpoena. It will be up to a judge to determine whether the state will get access to the BAC results.

   • Harold Wallin

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3. Licensed in IL

   

   Louis Meyer

   Peoria Civil Rights Attorney

   Contributor Level 12

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   Answered February 02, 2013 14:35. Did you get criminally charged?

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4. Licensed in IL

   

   Alexander Ivakhnenko

   Chicago Criminal Defense Attorney

   Contributor Level 20

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   Answered February 03, 2013 07:47. Yes the results are discoverable under the chain of events you described.

   DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... moreDISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com less

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5. 

   William JonesPro

   Wexford Criminal Defense Attorney

   Contributor Level 19

   

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   Answered February 02, 2013 13:46. Prior counsel was correct in his assessment that your question is one appropriately addressed to criminal defense practitioners. I will defer to Illinois lawyers on the particularities of the local law on this subject. In the meantime I will tell you that police in my home state, if there were sufficient information to support issuance of a search warrant (probable cause), would obtain a search warrant to obtain the blood test results. You need to be in contact with a lawyer skilled in th handling of DUI cases without delay.

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6. 

   Anthony SalernoPro

   Worcester Criminal Defense Attorney

   Contributor Level 6

   

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   Answered February 03, 2013 11:20. In a number of jurisdictions, the prosecutor may seek a court order to summons your records to the court. Pay close attention to the wording of the order. The order may only allow for your records to be summoned and not possessed or viewed, copied or otherwise available to the prosecutor. Contact an experienced defense attorney soon

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