QUESTION
Who is entitled to see the results of that blood test? Just me or is the state entitled to the results too?
Asked on Jan 08th, 2013 on DUI/DWI - Florida
More details to this question:
I was recently arrested for DUI. Following the failed breath test at the station I requested a blood test at the local hospital for which I had to pay for.
5 ANSWERS
Michael J. Breczinski
Well you get them and and to use them if they show you were not intoxicated. Typically they just go to you unless you are going to use them in court and then they have to be disclosed to the other side.
Answered on Jan 14th, 2013 at 6:49 PM
Everyone is. It's public info.
Answered on Jan 11th, 2013 at 3:28 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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That should be a private document. Send the hospital a letter through a qualified DUI attorney advising them not to breach patient confidentiality.
Answered on Jan 11th, 2013 at 11:14 AM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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It depends on the circumstances. If the State subpoenas the hospital for the blood test results then they will get them. If the police already obtained the blood test results then the State certainly would have them. On the other hand, if the State never made any effort to obtain the blood test results then they would only be entitled to them if you intended to use them at trial and engaged in reciprocal discovery.
Answered on Jan 11th, 2013 at 11:13 AM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Any test you paid for yourself from a private laboratory is yours to keep, share or throw away if you want. The state has to share their blood test results, you don't.
Answered on Jan 11th, 2013 at 11:13 AM