DUI/DWI Law Question?
Can a person still get a DUI if no sobriety test was done at the scene? In particular can the police use hospital records to prove the driver was intoxicated after a car accident? I hope my question is clear enough. Also I understand it varies state to state, but any examples would be nice. ...
Can a person still get a DUI if no sobriety test was done at the scene? In particular can the police use hospital records to prove the driver was intoxicated after a car accident? I hope my question is clear enough. Also I understand it varies state to state, but any examples would be nice.
This is the law in Illinois.
First, we have the typical DUI law. Officer sees a violation and has driver contact and detects alcohol and has driver do field sobriety etc.
There is another law in the implied consent statute that allows an officer if handling a crash, where the crash cause appears to be due to a moving violation, and the driver is not able to perform field sobriety, to charge a DUI – if alcohol is detected – such as smell/odor of it.
Also, we can subpoena blood records of persons who are treated after being in custody at a hospital. So if you have a cut over the eye and go to the ER, the States Attorney can subpoena the hospital for the blood work – which includes a screen for alcohol.
If you fail a PVT (breathlyzer) test and fail the blood test if charged, you will be charged with DWI. A sobriety test does little and most officers only do it for additional evidence against you.
What do you mean my sobriety test? Do you mean stand on foot or Nystagma or breath test?
As long as the test was taken within 2 hours of the incident. If it was not within 2 hours, hire an attorney!….Hospital records are viable in court. The two hour rule is here in Colorado,
Perhaps you would want to tell us what state you are in? It would make it easier for people to answer.
anyways
GOOD LUCK
yes. a hospital blood test result is prosecuteable evidence.