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.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This 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.
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.
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.
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 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 oneâ€™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
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
Any and all responses to inquires forward to Attorney Anthony M. Salerno, by this service are offered as informal general discussions and do not represent any attempt to provide legal advice, services or create any attorney / client relationships. Any and all responses are merely an aspect of the advertising and marketing of Avvo and do not constitute the legal opinion of Attorney Anthony M. Salerno and you are advised not to rely upon same for any legal guidance. If you are seeking legal advice, contact a qualified licensed attorney directly and in person.