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

Asked over 3 years ago - New Castle, PA

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?

Attorney answers (1)

  1. David Everett Cook

    Contributor Level 12

    Answered . 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

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