DUI Blood Tests in Pittsburgh

If you are arrested on suspicion of a DUI, the arresting officer will likely ask you to take a blood test to measure your blood alcohol concentration (BAC). The officer must inform you that by signing for your driver’s license, you have already given implied consent for such tests. Refusing to have your blood drawn can lead to a separate charge for refusal to submit to chemical testing, which carries significant criminal and administrative penalties.

Facts About Blood Tests

Blood samples collected at the request of a police officer are known as “legal blood.” In contrast, “medical blood” refers to samples taken by a hospital for treatment purposes, which an officer may later try to obtain. It’s common for arresting officers to seek hospital records to use the BAC results in their case against someone accused of a DUI. A skilled Pittsburgh criminal lawyer can help you understand the differences and implications.

In Pennsylvania, law enforcement has three main ways to get blood test results or records from hospitals:

• A search warrant
• A law enforcement request
• A hospital records request

Law Enforcement Request for Blood Test Records

When an officer arrests you for a suspected DUI in Allegheny County, they will ask for your consent to a blood test. If you agree, your blood will be drawn, typically at a hospital.

If the facility is not permitted, the prosecutor can only use the results if they are presented with an expert’s testimony. It is crucial to have a Pittsburgh DUI lawyer review the procedures followed in your case.

Hospital Records Request

A police officer can make a law enforcement records request to ask a hospital for the results of blood drawn for medical reasons. For instance, if a driver is injured in an accident and taken to the hospital where blood is drawn for their injuries, an officer suspecting alcohol involvement can request those test results. Similar to a direct law enforcement request, these results are only admissible in court if the hospital is a specially permitted facility that followed standard protocol, or if the evidence is supported by an expert’s testimony.

When an officer opts for a search warrant, they obtain it from a judge and serve it to the hospital. This warrant legally requires the medical facility to release the actual blood sample to law enforcement, who can then take it to another lab for analysis.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) can sometimes create challenges for police officers trying to obtain these records. However, there are exceptions to these privacy rules that permit hospitals to release information to law enforcement under specific circumstances.

Information can be released if:

• Ordered by a court through a search warrant or another legal order.
• Required for investigations, inspections, licensure, and audits under state, federal, or local law.
• You have threatened to commit a crime, are a victim of a crime, or have been involved in a crime. Hire a Pittsburgh DUI lawyer for your better outcome.

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 doing so has serious legal and civil repercussions. At the same time, failing a blood test doesn’t have to be the end of your case. The Logue Law Group is experienced in DUI law and defense strategies. Our Pittsburgh criminal lawyer has handled hundreds of cases and understands how to build the strongest defense for your unique situation. Contact us at 412-387-6901.