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Do I need a DUI lawyer if I totaled my truck while blacked out but was not ticketed or arrested only hospitalized.

Bradenton, FL |

At some point last Thursday night I blacked out drunk at my friends and apparently decided to drive to my moms. Upon driving upto her house they said I must've passed out at the wheel and took out three mail boxes, a stop sign, and a palm tree. My truck was totaled and they found me lying in the driveway of my moms house covered in blood. I was rushed to the hospital in the ambulance and stayed over night. I woke up the next morning with my mom telling me what had occurred. I did not take a breathalyzer for obvious reasons. My mom does not know if they took my blood because when she got me the next morning there were two empty blood biles sitting next to me. But I do know that it's protocol when your involved in an accident that the hospital takes your blood. Should I get a lawyer?

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Attorney answers 5


You absolutely need a lawyer. The police may have retained a blood sample from the hospital an since this could be a DUI with property damage, the penalties could be quite serious.

Just because you weren't arrested doesn't mean that the case won't get filed. I've handled similar cases where a criminal citation was filed months later, after law enforcement has received the blood alcohol results. There may be motions that can be filed on your behalf and other things an attorney can do for you early in the investigative process.

For more information or to contact this attorney, visit or call 407-412-7234. This information is for general purpose only and does not constitute legal advice or create an attorney- client relationship.


Yes, you should consult with a local DUI attorney to discuss this matter. You may be charged with DUI in the near future and a warrant may be issued for your arrest. answers provided solely for informational purposes. Answers are not legal advice and should not be relied upon as such. If you are seeking legal advice, contact a competent attorney in your local jurisdiction. Learn more about my practice at

David P. Gilbert

David P. Gilbert


In the future, do not post specific details about a potential charge on the internet, this post or any other similar posting may be used against you as evidence by the prosecutor.


Yes you should absolutely consult with a local DUI attorney. You want to be prepared for any impending investigation. Good luck.

Contributions on in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


You do not want to be making admissions about what happened that night on this forum. You need to speak with a defense lawyer about The fax and the law concerning your case. It is quite possible that there was blood taken that can be used against you if prosecuted. I handle these matters and offer free consultation. Thanks

Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make more accurate legal determinations on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.


Yes you should get an attorney. In Bradenton, they will take your blood at the scene or at the hospital depending on the extent of the injuries you received. In this particular case it is very likely that the blood will be sent to the lab. Once the results come back, assuming there is alcohol in your blood, an arrest warrant will be issued. It is in your best interest to have an attorney start working on this case right away to make sure all of your rights are protected and to ensure you have the best possible defenses presented. Best of luck!

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