Do the police have the right to see my blood results?
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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 12 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.
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