What are my chances of being charged with a DUI and what are my chances of beating it?

Asked almost 2 years ago - New Castle, PA

Flag

I was in car accident a few months ago. I was severly injured and taken to the hospital immediately from the accident. My friend spoke to the officer that reported to the accident a few days after the crash and was told the officer believed I was under the influence and would subpeona the hospital for my blood results. The hospital did draw blood to see if I would need platelets and my BAC .107. How long do they have to charge me with a DUI? Is a hospital test reliable enough to be charged in court? I was under the assumption that the police had their own blood kits and procedures to ensure that the sample was not contaminated. Will I get a notice when the officer subpeonas my blood results and are those protected by doctor patient confidentiality?

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary

Attorney answers (1)

  1. Contributor Level 12

    Answered July 06, 2011 18:30. A subpoena cannot be issued unless there is a case filed against you. The officer can, however, obtain a search warrant without filing charges. Under either circumstance you will not receive notice that a subpoena or a search warrant has been issued. The results are not protected if a valid search warrant or subpoena has been issued.

    This information is provided for general informational purposes only and does not establish an attorney-client... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,327 answers this week

2,615 professionals answering