For a DWI, can they use information obtained from my medical records previous to the arrest against me?

UPDATED: Apr 9, 2015

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For a DWI, can they use information obtained from my medical records previous to the arrest against me?

I was hospitalized earlier in the week and admitted I had been drinking, the following DWI was a seperate incident. For probable cause, the medical record was used.

Asked on April 9, 2015 under Criminal Law, Missouri


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Without actually seeing what they wrote in the affidavit and what was contained in the record, the best answer is maybe. 

Generally, probable cause should be limited to the offense.  Not details before it happened.  You also need to have an attorney investigate how the officer got medical information not related to an offense.  You may have a basis for supressing evidence if it was obtained in violation of your HIPPA rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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