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

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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

Answers:

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

Answered 6 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.


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