Can the cops get access to my medical records for my blood alcohol content to cite me with a DUI?

Can they do that is one of the first things that the attorney you hire will look into. Oddly, it takes about that long for the cops to get the results, in my experience here in FL, and the cop must actually request it, but there are probably vastly different rules and procedures in your state.

First - don't put anymore information about this incident in an non-confidential online forum such as this one. Don't talk about this incident with anyone except an attorney in a confidential one-on-one setting. Second - get an attorney as soon as you can. DUII charges are a very specialized area of the law and you need to have a DUII specialist on your side looking into this issue for you. Use the "Find a Lawyer" function of this website to research attorneys, pick a few out and give them a call. Most of us offer free initial consultations. With regard to your question - this is a rather common way for officers to initiate a case against someone when there has been an accident and a person has been taken into the hospital. However, whether a hospital blood draw can actually be used against you in Court is a complicated issue that involves warrants, exceptions to the warrant requirement, consent to the blood draw issues, the procedures used to obtain the blood sample, and HIPAA issues. You really need to sit down with a DUII specialist to go over all the facts of your situation to know if this evidence can be used against you - do that in person, not online!

I agree - no more facts here. You need to be talking to a DUI defense lawyer there, now. They did get your blood, and you have a problem. Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial. That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence. Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered! After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect. You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses. That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving. If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others. Thank you. --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin http://addbalance.com/drunk_driving_lawyer.htm --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer http://www.facebook.com/MadisonWiDrunkDrivingLawyer --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer http://addbalance.com/fieldsobrietytests.htm --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin http://addbalance.com/duidrugs.htm --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers http://addbalance.com/duimath.htm --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin http://addbalance.com/duitendaywarning.htm DISCLAIMER: Confidential information should not be disclosed in this Internet forum. I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. This Answer is provided for general educational purposes only. See “more” link below for more important information about this answer and .

Be careful about saying things online such as: "I'm guilty as charged," then question how the state can prove its case! (1) it takes a while for the blood draw to make its way from the hospital to the police crime labs; (2) the state can charge folks for criminal conduct years after it took place under ORS 131.125 (statute of limitations); (3) you should contact an experience local DUII attorney as soon as possible!

You should remove this post and speak with an experienced lawyer right away. You do not want to run the risk that law enforcement can use this post against you.