Understanding Blood Test Results in Mercer County OVI Cases

When you are detained for driving under the influence (DUI)—legally known in Pennsylvania as an OVI—police often ask for a breath test. However, you may also face a request for a blood sample. When a law enforcement officer specifically requests this, the sample is referred to as “legal blood.” If you read Pennsylvania’s implied consent warning and still choose not to submit to this blood test, you could face serious penalties. Refusal can lead to allegations of denying chemical testing, which carries harsh consequences for both your driver’s license status and your criminal court proceedings.

In other situations, officers might try to obtain your medical records to see your Blood Alcohol Concentration (BAC). This usually happens if you were taken to a hospital, where staff drew what is known as “medical blood.”

In Pennsylvania, prosecutors and police typically use three methods to get their hands on hospital blood data:

• Making a direct request to law enforcement.
• Issuing a demand for hospital records.
• Executing a search warrant.

If you have been arrested for an OVI in Mercer County that involves a blood test, securing legal representation is critical. You need to speak with a skilled Mercer DUI lawyer who understands the science behind these tests. At Logue Law Group, we provide robust representation for clients facing driving-related offenses throughout Mercer County, PA. We offer free consultations to help you understand the specific challenges of your case.

Police Requests for Blood Tests After an Arrest

Once a person is arrested on suspicion of OVI, an officer may demand a blood test under Pennsylvania’s implied consent laws. Alternatively, the individual might just agree to give a sample. However, the police officer cannot draw the blood themselves. According to Pennsylvania law (R.C.§4511.19(D)(1)(b)), the withdrawal of blood must be performed by a qualified medical professional.

Authorized professionals include:

• Physicians
• Registered Nurses
• Technicians
• Chemists
• Phlebotomists

Furthermore, the way the blood is collected must follow strict rules. The procedures must align with the standards set by the Department of Health in O.A.C. §3701.53. For the test results to be automatically admissible in court, the blood must be drawn at a location with a specific Department of Health permit. If the location lacks this permit, the state must bring in expert testimony to prove the test is valid. A knowledgeable Mercer criminal lawyer can identify if these strict protocols were violated in your case.

Accessing Hospital Records

When police seek “medical blood” records rather than a sample they requested themselves, they rely on R.C. §2317.02(2)(a). This statute allows officers to ask for medical blood test records. However, just like with legal blood, these records are typically only admissible in court if the Department of Health’s standards and protocols were followed during the collection and testing process. If those standards weren’t met, the prosecution must rely on expert testimony to validate the evidence. This is a complex area of law that a dedicated Mercer DUI lawyer can help you navigate.

Using Search Warrants for Medical Evidence

Officers have another tool for obtaining evidence: the search warrant. In Pennsylvania, if law enforcement serves a search warrant on a healthcare provider, they can seize the actual blood sample itself, not just the paper records. Once they have the physical sample, they can have it tested using methods approved by the Health Director. This process allows them to bypass some barriers but requires a valid warrant, which a Mercer criminal lawyer can scrutinize for legal flaws.

How HIPAA Impacts Police Requests

You might assume that federal privacy laws prevent police from seeing your medical blood results. The Health Insurance Portability and Accountability Act of 1996, known as HIPAA, generally protects patient privacy. Healthcare providers often refuse to release blood test results to police because they fear violating HIPAA.

However, Pennsylvania law outlines specific exceptions where HIPAA rules do not apply:

• Compliance with State/Local laws: For required inquiries, inspections, assessments, and licensing under R.C. §2317.02.
• Law Enforcement purposes: This applies if the patient is a victim of a crime, involved in criminal activity, or has made threats of criminal conduct.
• Court Orders: HIPAA protections may be lifted if a judge issues a court order, such as a search warrant.

Because these exceptions can be manipulated, having a Mercer DUI lawyer review how your records were obtained is essential to your defense.

Why You Need an Expert Defense Attorney

Facing an OVI charge in Pennsylvania is daunting, especially when blood tests are used to determine alcohol content. Whether the test was “legal blood” requested by authorities or “medical blood” taken by hospital staff, prosecutors will attempt to use those results to build a case against you. These results can be challenged, but it requires specific legal knowledge.Contact a Mercer criminal lawyer at Logue Law Group today. Call us at 412.389.0805 to discuss potential defenses and ensure your rights are protected in Mercer County.