DUI Blood Tests in Mercer

A criminal lawyer from Logue Law Group can explain that if you’re arrested for a suspected DUI, the police officer will likely ask for a blood test to check your blood alcohol concentration (BAC). The officer is required to inform you that you have already given implied consent for such tests when you obtained your driver’s license. If you decide not to prDUIde a blood sample, you could face charges for refusing a chemical test, which carries significant criminal and administrative penalties.

Blood Test Facts

There are two main types of blood samples in these cases. Blood drawn at the request of law enforcement is referred to as “legal blood.” Blood samples taken by a hospital for medical treatment, which are later obtained by police, are called “medical blood.” Often, an arresting officer will attempt to get hospital records to use a person’s BAC results in a DUI case against them. A skilled Mercer DUI lawyer can scrutinize the methods used to obtain this evidence.

In Pennsylvania, law enforcement has three primary ways to access blood test results or records from a hospital: through a search warrant, a direct law enforcement request, or a hospital records request.

Law Enforcement Request for Blood Test Records

When an officer arrests you for a DUI, they will request that you consent to a blood test. If you agree (and choosing not to has serious repercussions), the blood will be drawn, typically at a hospital. The blood must be drawn by a specific professional: a phlebotomist, chemist, physician, qualified technician, or registered nurse, as outlined in the Pennsylvania Revised Code, Section 4511.19(D)(1)(b).

The Pennsylvania Department of Health details the specific procedures for blood draws in the Pennsylvania Administrative Code, section 3701.53. The laboratory or hospital performing the blood draw must have a special permit; otherwise, the results may be inadmissible in court. The only exception is if the prosecutor presents the testimony of an expert witness. A Mercer criminal lawyer will know how to challenge the validity of these procedures.

When making a law enforcement records request, an officer asks the hospital to release the results of blood drawn for medical purposes. For instance, if a driver is injured in an accident and taken to a hospital where blood is drawn for their injuries, an officer suspecting alcohol involvement can request those results. Similar to the above, these results are only admissible if the hospital is a permitted facility following standard protocol, or if the results are supported by expert testimony.

The search warrant option involves an officer obtaining a warrant from a judge and serving it to the hospital. This warrant legally compels the medical facility to release the actual blood sample to law enforcement, who can then have it analyzed at a different location.

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 can create obstacles for police when trying to obtain these records. However, exceptions to these privacy regulations do exist, allowing hospitals to release information under certain circumstances:

• When a court orders it via a search warrant or other court directive.
• For official investigations, inspections, or audits as required by state, federal, or local law.
• If you have threatened to commit a crime, are a victim of a crime, or were involved in a criminal act.

A Mercer DUI lawyer can investigate whether your records were obtained legally.

Refusing or Failing a Blood Test

It’s important to know that you have the right to refuse a blood test after an DUI arrest, but this action comes with severe legal consequences. Conversely, a failed blood test isn’t automatically a conviction. Your Mercer criminal lawyer is well-versed in DUI law and defense strategies. The attorneys at Logue Law Group have handled numerous cases and understand the most effective ways to advocate for your unique circumstances. For a consultation, call 412.389.0805.