Is there a DUI case against DEF and what is the possibility of lawsuit against hospital?

"I responded to the hospital. Upon arrival I located the driver in the trauma unit. I was not allowed enter into the room. I was advised that he had a severely broken - that required surgery. I accompanied him. We then went back to the room where I was able to speak with him. He was still wearing a neck brace and could not move. He was talkative and polite. Due to being immobilized, I was unable to get any sway or walking patterns. I did not notice any odd speech patterns, but his jaw movements were restricted by the neck brace. I did smell a faint odor of an alcoholic beverage. I read Miranda rights and requested a blood sample. Individual said he was not comfortable without doing that without lawyer present. At that time, there were not enough clues of impairment to make an arrest. I was advised by the hospital staff that his blood alcohol level was 0.200. Media records were subpoenaed and showed alcohol level of .200.