Blood testing is a critical issue in most Pennsylvania DUI cases. The errors in the procedures and accuracy of blood testing can provide a viable DUI defense. If a driver does not consent to a blood test, a police officer may need to obtain a search warrant based on probable cause to obtain a blood draw from a driver arrested for DUI. However, sometimes medical personnel take a patient’s blood for legitimate medical purposes following an accident. It is not uncommon that those involved in accidents may have blood samples taken for medical rather than investigative purposes.
Pennsylvania courts may permit blood chemical results to be used even if a warrant was not obtained prior to the blood draw if the draw is taken entirely for medical reasons. This is an important issue to be aware of because any draw of your blood after an accident may result in chemical testing results being used in your DUI case. It does not matter that the blood draw was not intended for DUI testing by law enforcement. In fact, the fact that the purpose of the blood draw is for medical and not investigative reasons may allow the police to get around the fact that you did not consent to a blood draw. While the officer must still have probable cause to obtain the blood test results, the fact that a driver is in a car accident may be sufficient to constitute probable cause to obtain a warrant for blood draw chemical results conducted by a medical professional in a hospital setting following an accident.
It is a very serious offense to be accused of DUI when you are involved in an accident particularly if it results in serious bodily injury or death to another vehicle occupant. The severe consequences, which may include felony charges and jail time, apply whether the injured vehicle occupant is a passenger in your vehicle or the occupant in another vehicle. A first offense where a driver causes serious bodily injury with a high blood alcohol concentration (BAC) can result in a mandatory minimum of 48 hours in jail and fines of $500-$5000. This means that if you are involved in a car accident in Pittsburgh or elsewhere in Pennsylvania after drinking, it is essential that you obtain legal advice immediately. It is common that following an accident you may be transported to a medical facility for treatment. Your medical treatment following an accident may then be used by a prosecutor in a DUI case against you.
A DUI attorney in Pittsburgh, PA can advise you regarding protecting your legal rights and avoiding critical mistakes if you are involved in an alcohol related accident. We may be able to help you avoid critical errors that could negatively impact the prospects of obtaining an acquittal or dismissal of charges. We can also negotiate to obtain the best possible reduction in charges if acquittal or dismissal of your DUI charges is not possible in your situation.
Michael V. Worgul has helped hundreds of people just like you facing drunk driving charges in greater Pittsburgh and throughout Allegheny County and Western Pennsylvania so call us today at 412-475-9217 to see how we can help.
