What is the name of your state?[FONT=]undefined[/FONT]What is the name of your state?pa. on 12/31 about 10pm i drove off the road 1/2 mile from home. i walked home for help. as i was in pain at that time i drank some while my friend took me to the hospital. by the way i have 5 broken ribs and a fractured foot. still havent seen a cop and last night he called and said i was being charged with dwi due to hospital blood work. ???
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charged 3 days later
- Thread starter cdldvr
- Start date
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Yep, you showed up at a hospital, under the influence after an accident, they performed the required tests and you flunked, it is not up to the hospital to determine when you drank, most people come directly from the accident, your story is a common tactic to avoid DUI charges following accident. Tell it to the judge. You walked 1/2 mile home with a broken foot and didn't try to get help sooner? Please
Protected
Under the HIPPA law, release of medical results are not legal, unless the patient signs a release of information. The hospital can not release blood tests to a law enforcement agency. Therefore, unless you signed a release, it was illegal for the hospital to turn over your results to the police.
Under the HIPPA law, release of medical results are not legal, unless the patient signs a release of information. The hospital can not release blood tests to a law enforcement agency. Therefore, unless you signed a release, it was illegal for the hospital to turn over your results to the police.
That's not exactly correct.
By law, hospitals in PA are required to obtain a legal blood sample to test for BAC when the patient was involved in a motor vehicle accident and there is reason to suspect he or she is under the influence. Your BAC level is not medical information.
If the hospital drew the blood for medical purposes, the release of the BAC level only is still not medical information. There is case law stating that medical BAC results can be released without a warrant, but it is common for a search warrant to be obtained regardless.
By law, hospitals in PA are required to obtain a legal blood sample to test for BAC when the patient was involved in a motor vehicle accident and there is reason to suspect he or she is under the influence. Your BAC level is not medical information.
If the hospital drew the blood for medical purposes, the release of the BAC level only is still not medical information. There is case law stating that medical BAC results can be released without a warrant, but it is common for a search warrant to be obtained regardless.
I would tell them my dog was driving the car and prove that i was driving . i think you could beat this . when you got home you had a few drinks to calm down and relive some pain as you don t have medical insurance. then the pain just got to bad and decide to go the hosiptal. how can they charge you if they never saw you driving the car.cdldvr said:What is the name of your state?[FONT=]undefined[/FONT]What is the name of your state?pa. on 12/31 about 10pm i drove off the road 1/2 mile from home. i walked home for help. as i was in pain at that time i drank some while my friend took me to the hospital. by the way i have 5 broken ribs and a fractured foot. still havent seen a cop and last night he called and said i was being charged with dwi due to hospital blood work. ???
Alchohol_Free
Member
The DUI Business
Basically, the State allows law enforcement to use any means necessary to obtain a DUI charge.
The reality of DUI law is that it only applies to the citizen. If you read your DUI statues, you'll see this. Take that to a DUI attorney and he or she will look the other way.
Basically, the State allows law enforcement to use any means necessary to obtain a DUI charge.
The reality of DUI law is that it only applies to the citizen. If you read your DUI statues, you'll see this. Take that to a DUI attorney and he or she will look the other way.
rannrob said:I would tell them my dog was driving the car and prove that i was driving . i think you could beat this . when you got home you had a few drinks to calm down and relive some pain as you don t have medical insurance. then the pain just got to bad and decide to go the hosiptal. how can they charge you if they never saw you driving the car.
Use a little common sense. You and I both know the original poster is lying about this.