If I was taken to the hospital regrading a DUI, can my blood tests be subpoenaed?

UPDATED: Nov 7, 2011

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If I was taken to the hospital regrading a DUI, can my blood tests be subpoenaed?

I was in an accident and taken to the hospital by ambulance. At the hospital a cop gave me a DUI ticket and a court date. He didn’t do a breathalyzer or take me in. He said he would subpoena my blood results. Is the blood test admissible in court? Should I get a DUI lawyer? I’m in Jasper County, SC.

Asked on November 7, 2011 under Criminal Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were in an automobile accident and you were taken to a hospitral for treatment and your blood was drawn by medical personal and saved, law enforcement can subpoena the blood vials and all testing done with respect to the blood since you were given a ticket for driving under the influence of alcohol or a controlled substance.

Given the fact that you have a criminal charge against you pending, it is highly recommended that you consult with a criminal defense attorney about the situation that you are in. Good luck.

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