QUESTION
Will the police go back and consider the blood tests for the police report and therefore charge me with a DUI after the fact, based on the BAC?
Asked on Nov 22nd, 2012 on DUI/DWI - Michigan
More details to this question:
I had a single car accident. I was alone; no one else injured or involved. At the scene, the police did not speak with me except to hand me the "incident report" number, which correlates to a "motor vehicle accident, personal injury." I was taken to the ER and evaluated for neck injuries. They drew blood. I'm assuming they were assessing BAC. There was no police or discussion at the ER. I was released and am dealing with the insurance claim.
7 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Yes.
Answered on Apr 24th, 2013 at 2:49 AM
They can. You need to hire a DUI specialist, because you may only have 10 days to save your license (based on your BAC result). Hire a lawyer before you open your mouth to the wrong folks (ie. cops, investigators...etc.) and incriminate yourself.
Answered on Nov 28th, 2012 at 6:53 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If you were driving under the influence and the blood tests verifies that, you can be charged with a DUI after the fact. The police would have to obtain the BAC results from the blood test.
Answered on Nov 28th, 2012 at 6:52 AM
Dennis P. Mikko
The hospital will not automatically forward the blood test result to the police. The police could obtain a copy of the results with a search warrant. Unless there is some indication that you were under the influence, it is possible the police will not pursue an OWI investigation and/or request that charges are authorized.
Answered on Nov 28th, 2012 at 6:39 AM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
The police can get a grand jury to subpoena the blood results and if you are above the legal limit, you can be charged with DWI.
Answered on Nov 27th, 2012 at 10:16 PM
Michael J. Breczinski
The police need a warrant to get the blood results. Normally if someone is sent to the hospital, the police get a warrant and have the blood drawn there to be tested. You would know about the warrant.
Answered on Nov 27th, 2012 at 6:19 AM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
If the blood test shows a BAC of higher than the legal limit, it is possible that police will issue a citation. However, there are things to review to make sure the results are proper and correct. Hire an attorney to protect your rights and discuss all options regarding this matter.
Answered on Nov 27th, 2012 at 6:15 AM