If alcohol s not suspected at the scene, can your BAC be subpoenaed and used to charge DWI?

UPDATED: Jul 13, 2012

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If alcohol s not suspected at the scene, can your BAC be subpoenaed and used to charge DWI?

I was in a rollover months ago. My vehicle was the only auto involved. I was the only person involved. I was also the only person injured. Police arrived on scene shortly after EMTs. Was taken to hospital and was discharged after a week. Per original police report alcohol was not suspected. Now, 5+ months later, the DA has filed a DWI charge against me. They subpoenaed medical records from hospital and discovered my BAC was in fact over the legal limit. Can they use the BAC they’ve subpoenaed after the fact? Had I not been injured I would not have been taken to hospital and there would be no blood work.

Asked on July 13, 2012 under Criminal Law, Texas


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 10 years ago | Contributor

You indicate that you were in a single vehicle accident, were hospitalized, and five months later, the District Attorney's office brought a DUI charge against you based on blood evidence obtained for the hospital.  In the State of Georgia , a person who drives a vehicle in Georgia is deemed to have given consent to a State-administered chemical test of his blood or urine for the purpose of determining the presence of alcohol or any other drug, if (1) he is arrested for any offense arising out of acts alleged to have been committed in violation of OCGA § 40-6-391 or if (2) he is involved in any traffic accident resulting in serious injuries or fatalities.  Since you were hospitalized, the assumption is that you suffered a serious injury.  If you have not already done so, you should immediately retain the services of an experienced DUI lawyer.


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