federal lawyer Sean Logue offers essential insights into the process of blood testing in cases of suspected DUI. When someone is arrested for suspected DUI, law enforcement often requests a blood test to determine the individual’s blood alcohol concentration (BAC). It is important to understand that when you sign for a driver’s license, you give implied consent for such tests. Refusing to submit to a blood draw can result in charges for refusal to undergo chemical testing, which can carry both criminal and administrative consequences.
There are two types of blood samples involved in DUI cases:
Prosecutors and law enforcement agencies in West Virginia employ three main methods to access blood test results or medical records from hospitals:
Consulting with a Charleston federal lawyer is crucial if your medical records have been requested or obtained during a DUI investigation, as your rights may be at stake.
When an individual is arrested for a suspected DUI in Charleston, officers typically request the suspect’s consent for a blood test. These blood samples are usually collected at a hospital by licensed professionals such as phlebotomists, technicians, registered nurses, or physicians. The process is governed by Section 4511.19(D)(1)(b) of the West Virginia Revised Code.
A qualified Charleston criminal attorney can help determine whether proper procedures were followed during the collection and request of your blood sample.
The guidelines for blood draws are established in the West Virginia Administrative Code, specifically in section 3701.53. For the results to be admissible in court, the lab or hospital conducting the blood test must have the appropriate permits. Alternatively, prosecutors may present expert testimony to establish the credibility of the results.
If a driver involved in an accident is taken to a hospital and blood is drawn for medical purposes, law enforcement may request the hospital to release the results if alcohol involvement is suspected. However, blood test results from the hospital will only be admissible in court if:
A Charleston federal lawyer can assess whether the hospital’s procedures and qualifications meet legal standards for admissibility.
Law enforcement can also obtain a search warrant to access a blood sample directly from the hospital. Once the warrant is issued, the hospital is legally bound to release the sample to authorities, who then perform further testing at a different lab.
Privacy laws under HIPAA (Health Insurance Portability and Accountability Act of 1996) can create obstacles for police officers attempting to obtain medical records. However, specific exceptions allow hospitals to share information with law enforcement under certain circumstances, namely:
A Charleston criminal attorney familiar with both DUI defense and medical privacy laws can help determine if your rights were violated during this process.
You have the legal right to refuse a blood test after being arrested for a DUI. However, doing so can lead to significant legal and administrative consequences, including charges for refusing chemical testing. If you find yourself in this situation, it is critical to seek immediate guidance from an experienced criminal attorney.
Sean Logue, a seasoned Charleston federal lawyer with extensive experience in DUI defense cases, is ready to provide personalized representation tailored to your specific case. Call (304) 381-3656 for effective and knowledgeable legal assistance.