we wre in an auto accident and i think the driver had a few drinks prior though showing no signs of being drunk we were all taken to the hospital where they drew blood from the driver had blood drawn do you think the insurance company will require a sample to be tested
The only time that blood can be mandatory is in a fatal crash. Or, if you are arrested for DUI and can not blow or the police want to have blood so that they can check for alcohol and drug use.
Other than that, the diagnostic blood samples taken by the hospital are not just routinely used in a DUI case. They are not considered evidence. The Prosecutor CAN subpoena the hospital / medical records… It is up to the court if they can be used in evidence. This all depends if he is charged with DUI at the time.
As far as the insurance company, they too could try for a subpoena to get the diagnostic blood records. But, they, of course, can not file any criminal charges.
November 30th, 2009 at 7:44 pm
The only time that blood can be mandatory is in a fatal crash. Or, if you are arrested for DUI and can not blow or the police want to have blood so that they can check for alcohol and drug use.
Other than that, the diagnostic blood samples taken by the hospital are not just routinely used in a DUI case. They are not considered evidence. The Prosecutor CAN subpoena the hospital / medical records… It is up to the court if they can be used in evidence. This all depends if he is charged with DUI at the time.
As far as the insurance company, they too could try for a subpoena to get the diagnostic blood records. But, they, of course, can not file any criminal charges.
References :
25 years on the job.
November 30th, 2009 at 7:53 pm
NO…..unless there was someone involved in the accident that was killed or could die. It is requested at times, but not required. They would need a search warrant or court order to require a blood sample on a simple fender bender with no injuries.
References :
November 30th, 2009 at 8:40 pm
In Louisiana I’m not sure but in Arkansas, it is not the law that you have to have blood drew, you can at your own expense and the arresting agency will assist you in getting that sample. and if found not guilty that agency will then reimburse you for the cost of the test. As for the insurance company they probably could careless as long as there is not going to be a civil lawsuit filed and then they might get concerned.
Going to the hospital they drew blood for them to know what meds. could be give if any, and yes they tested it for alcohol and that test could be used if ordered by the court.
References :
five years of experience