Are hospitals compelled to provide blood test results to police if no arrest was made at the time of an accident?

UPDATED: Jul 20, 2012

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Are hospitals compelled to provide blood test results to police if no arrest was made at the time of an accident?

I was involved in a single vehicle accident. I was transported to hospital with injuries. I was not arrested for anything at the scene. Can a subsequent blood test at the hospital be given to police after the fact?

Asked on July 20, 2012 under Criminal Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

Generally, courts will suppress blood sample evidence obtained without a warrant as a constitutional violation under the Fourt Amendment.  However, Arizona does have a statute allowing for warrantless blood sample evidence, ARS section 28-1388(E).  It allows police to get blood samples taken by hospitals after accidents if the police have probable cause to suspect that the individual involved was DUI.  That means they have to have some pretty good other evidence, not just reasonable suspicion.  This exception does not apply if the individual received medical care at the hospital against their will, only if it was voluntary.  See State v. Estrada, 209 Ariz. 287 (App. 2004).

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