If you are pulled over in Connecticut because a police officer believes that you are driving under the influence, you may be asked to perform breath or blood tests. Generally, a police officer will perform this test when they pull you over. Or, they may have a professional perform the test after you have been arrested and brought to the police station.
However, there are situations in which you may be taken to the hospital after a DUI incident or car crash. At the hospital, the staff may run tests, including blood tests, to determine if you were operating your vehicle under the influence. In some cases, the police are allowed to view these test results and use them when they are building a case against you. You can learn more about blood tests at the hospital and how they might impact a DUI case here.
Connecticut DUI and Hospital Blood Tests
If a Connecticut driver is involved in a motor vehicle accident and they suffer injuries, or they fear that they might have suffered injuries, they can and should go to the hospital as soon as possible after the accident takes place. If a person is injured and they give a urine or blood sample at the scene of the accident, on the way to the hospital, or at the hospital, this is considered probable cause evidence to obtain a DUI arrest warrant. The police or court also has the right to establish a warrant for the hospital’s medical records in relation to your diagnosis and treatment.
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Urine or blood tests taken by the hospital or medical personnel will be considered valid evidence as long as it fits the following parameters:
- The sample was taken in order to treat or diagnose a patient.
- The test was given following all testing regulations.
- A judge believes that the police officer had probable cause that a driver was operating a motor vehicle under the influence of alcohol or drugs. Also, that the test results provide this evidence.
- A judge allowed for a search warrant to obtain the analysis.
In addition, the Department of Public Safety Commissioner needs to do the following when it comes to DUI testing:
- Approve lab analysts and lab testing methods before chemical tests can be performed by a specific laboratory.
- Inspect instruments and devices before they are used to determine if they can give accurate results.
- Approve testing equipment and methods.
- Certify and examine instruments before they can be used for testing. If repairs or calibration is needed, this must be done before testing occurs.
Help With Your DUI
Blood or urine tests taken by a police officer or at a hospital could be used as evidence if you are ultimately charged with a Connecticut DUI. If you find yourself in this situation, contact a Connecticut DUI lawyer for help. A lawyer can make sure that the tests were performed properly and that warrants were also executed properly. If not, tests may be inadmissible in court. For more information, contact my office.