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jamest
jamest, Private Investigator
Category: Criminal Law
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Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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DUI

Resolved Question:

Single vehicle accident in AZ(car totalled). A few drinks prior. Officer @ scene only talked to me briefly to ask how fast I was going; no mention of drinking or roadside tests. A few hrs after arriving at hospital Dr took blood b/c he said my heartrate was elevated and they needed to determine why. Later Dr said my BAC was above legal limit (below extreme limit). News to me they were checking BAC. An officer came to hospital later to check and see if we were ok (I never spoke to him b/c I was getting x-rays). Still haven''t heard anything from anybody and it''s been eight days. Need to know if anything can still come of this and what can put be in the police report (could hospital release my blood results to the police?). Thanks in advance.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  jamest replied 9 years ago.
Hello, sorry to hear about the accident. The hospital could most likely release your blood to the police, as the accident likely gave probable cause to believe you may have been intoxicated. More likely than not, the investigating officer made a report to the state attorney, with his report and result of his investigation. You may receive documents ordering you to report to court to answer for a charge, depending on if you have any prior convictions, this could be a misdemeanor or felony.
Your attorney could file a motion to suppress the results of the test, but these are not very likely to be granted.
I would request a copy of the police report from the police department, so you can see exactly what the officer told the state, exactly what crime he is saying you committed. Then you can prepare for what may come. Eight days is not an overly long time, the state must review the information, and depending on the circumstances they may need to present these findings to a judge to issue a summons.

Definitely request that police report ASAP, then you will know what you are up against. Hope the info was helpful, sorry to hear about the accident, good luck with the case.
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