Do the police have the right to see my blood results?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Do the police have the right to see my blood results?

I drank before I drove and flipped my truck. The police did not take a breath test or question me, I was drove to the hospital and they drew my blood, will the hospital tell the police I was drunk?

Asked on October 23, 2011 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general rule, the police need a warrant to access medical records. This requires that they show a judge there is reasonable cause for them to suspect you were driving drunk. If they decide to press charges, they would likely be able to get a judge to allow them to search the hospital records to see if your blood test was positive for alcohol. The officer's on scene observations (e.g. your appearance, the smell of alcohol, your demeanor, etc.) and any statements you may have made to them would form the basis for granting a warrant. 

At this point, it's in your best interest to consult with an experienced DUI/DWI attorney in your area. There are still defenses that can be mounted to help you successfully fight this charge.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption