In Phoenix, friend of mine was in serious accident. Passenger was killed. She's worried that there might be drugs in her blood

Asked over 1 year ago - Phoenix, AZ

The question is this, if anyone knows (besides the right or wrong of drug use, etc.),: the driver was taken to the hospital and was released a couple of days later. For the first 12 hours or so the driver was in a medically induced coma. Would the police/hospital have automatically taken a blood sample for analysis since there was a fatality. Obviously, the driver is petrified that the dope she did the day before could be blamed for the accident. If they did take blood and test it, how long would it take to get results and how would one find out?

Additional information

Just curious, everyone keeps saying contact an attorney. What could / would a lawyer be able to do at this point?

Attorney answers (6)

  1. Aaron Michael Black

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . The police must have probable cause that your friend was under the influence in order to obtain the blood. If the police did get your friend's blood, and there is an impairing amount of drugs in it, your friend can easily be charged with manslaughter or second degree murder.

    It could take a few weeks to get the toxicology back.

    Your friend needs to be ready to defend herself.
    Aaron M. Black
    Criminal & DUI Defense Attorney
    Martindale AV® Preeminent™ Lawyer
    2012 Southwest SuperLawyer Rising Star
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    Law Office of Aaron M. Black, PLLC
    3219 East Camelback Road #573
    Phoenix, AZ 85018
    Office #: 480-729-1683
    Email: aaron@aaronblacklaw.com
    www.aaronblacklaw.com

  2. Manuel Alzamora Juarez

    Contributor Level 20

    11

    Lawyers agree

    Answered . If she is wotried, then she should hire a criminal law attorney and not say anything in this public forum. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  3. John A Schill

    Pro

    Contributor Level 7

    9

    Lawyers agree

    Answered . Please have your friend contact an Arizona attorney experienced in these matters immediately. I have been involved with several cases similar to this in Arizona. It could be weeks, or months before your friend hears anything about this matter....the biggest part of this delay would be caused by waiting for the lab results on the blood. However, on a case of this magnitude it is never too early to contact an attorny....this case simply will not just go away.

  4. William A. Jones Jr.

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . You've already received good advice for three outstanding criminal defense attorneys. I wish to emphasize only one thing. DO NOT POST anymore details about your friend's situation anywhere on the Internet (that would include social media like Facebook). Urge your friend to seek qualified legal representation without delay.

  5. Frank Mascagni III

    Contributor Level 20

    9

    Lawyers agree

    Answered . The hospital may have drawn blood in treatment of the patient and had a blood toxicology performed for treatment purposes. If so, the tox results are in the medical records and the patient can ask for an receive a copy of her own medical records.

    She should retain a criminal defense lawyer now to advise on what steps need to be taken in the event she is charged. Do not talk to the police nor discuss the case without her attorney being present.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Your friend should go to the hospital and sign a HIPAA release and obtain a full and complete copy of her hospital stay records, including any lab results.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
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