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Old 02-28-2010, 01:17 AM   #1
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DUI questions

I had a friend last night after many beers.......well to make a long story short well he passed out in a drive through and was awakened by a cop and paramedics. He was given the field sobriety test and passed answered all questions perfect but during the test he passed out again, IN MID SENTENCE! The police then let the paramedics take him to the hospital. My question is if the police never gave you a citation, gave you your keys and license back, and never even showed up to the hospital then can they still give you a DUI. Mind you the whole time at the hospital the cops never showed up and each time he got blood pulled I think he said a total of twice in the night he specifically told the nurse that his blood can not go to the police. Is the report the hospital gives you confidential and can not be given to any one correct me if I'm wrong. I know there is ways that they can obtain it but in this case the person kind of went to the hospital on there own accord. What do you guys think....
 
Old 02-28-2010, 01:21 AM   #2
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By friend, do you mean you?...
Medical records are confidential and can only be released by your "friends" consent.
As far as the DUI after they left, I have no idea. I guess you would have to wait to see if you get anything in the mail...
 
Old 02-28-2010, 01:21 AM   #3
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I personally think hes got nothing to worry about it as far as a DUI goes.
 
Old 02-28-2010, 01:24 AM   #4
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Nah it was not me and I know that these post can be used against you. Thats why I posted this for him.
 
Old 02-28-2010, 01:26 AM   #5
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Quote:
Originally Posted by AvsFanTRD View Post
By friend, do you mean you?...
Medical records are confidential and can only be released by your "friends" consent.
As far as the DUI after they left, I have no idea. I guess you would have to wait to see if you get anything in the mail...
Wrong. PHI (private health information) may be disclosed if a proper warrant or subpoena is issued.

What happened to your friends car after they got taken to the hospital? Towed? You said they gave the drivers license and keys back? What state was this in?
 
Old 02-28-2010, 01:28 AM   #6
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my gf is an ER nurse. she said everytime when cops bring in their newest "customers" they also bring a vile. she said the CHP or local agency always sits by the body because they have to be okay to be booked. if you have questions I can ask her for you but the cops probably think your friend wasn't drunk but had another medical condition or something. like brandon said, medical records are confedential that's why i can't visit her at the ER anymore because they have too many patient records around.
 
Old 02-28-2010, 01:28 AM   #7
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His wife picked it up at the parking lot by the place he got picked up at.
 
Old 02-28-2010, 01:29 AM   #8
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in Arizona
 
Old 02-28-2010, 02:26 AM   #9
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Quote:
Originally Posted by drjohnson36 View Post
Wrong. PHI (private health information) may be disclosed if a proper warrant or subpoena is issued.

What happened to your friends car after they got taken to the hospital? Towed? You said they gave the drivers license and keys back? What state was this in?
Fine if you are going to get all anal. The chances of them actually trying to get it that way are more pain than worth at this point over something like that. Unless your friend hit someone while he was driving, chances are they aren't going to bother with medical records.

Quote:
Before the covered entity may respond to the subpoena, the Rule requires that it receive evidence that reasonable efforts were made to either:
  • notify the person who is the subject of the information about the request, so the person has a chance to object to the disclosure, or to
  • seek a qualified protective order for the information from the court.
http://www.hhs.gov/ocr/privacy/hipaa...urtorders.html
 
Old 02-28-2010, 03:32 AM   #10
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Don't know the laws over there but in SC the subject has to be OPERATING the vehicle, i.e. in motion. Not just sitting behind the wheel (even if the foot is on brake and vehicle is in drive) but this differs greatly from state to state. Sounds like he shouldn't have a problem, when we take blood in SC we keep one vial and one is given to the subject. Also he should have had a citation for him when he recovered and most likely an officer to take him straight to jail. Just from my experience.
 
Old 02-28-2010, 03:38 AM   #11
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Well looks like the general population here says that hes probably not going to get a dui. Thanks to everyone for there answers I will tell him not to worry. Just to let everyone know by no means do I condone drunk driving this info. is just for personal reference. I will tell him he needs to stop that sh*& too cause he might not be so lucky next time.
 
Old 02-28-2010, 04:09 AM   #12
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I dont know about there but here in WV. We only have to be able to establish a reasonable belief that you (er, your friend) was driving the vehicle while intoxicated. It is likely that the officer noted everything, wrote his report and will subpoena the medical records. Then all he has to do is go get a warrant an viola'..instant DUI arrest.
 
Old 02-28-2010, 05:01 AM   #14
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Quote:
Originally Posted by AzogSS View Post
Don't know the laws over there but in SC the subject has to be OPERATING the vehicle, i.e. in motion. Not just sitting behind the wheel (even if the foot is on brake and vehicle is in drive) but this differs greatly from state to state. Sounds like he shouldn't have a problem, when we take blood in SC we keep one vial and one is given to the subject. Also he should have had a citation for him when he recovered and most likely an officer to take him straight to jail. Just from my experience.
In PA you can be arrested for DWI just for having your keys in your hand near your vehicle, intent to Drive Wile Intoxicated.
 
Old 02-28-2010, 06:01 AM   #15
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Quote:
Originally Posted by jdmcq View Post
In PA you can be arrested for DWI just for having your keys in your hand near your vehicle, intent to Drive Wile Intoxicated.
Same here John
 
Old 02-28-2010, 06:05 AM   #16
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Quote:
Originally Posted by jdmcq View Post
In PA you can be arrested for DWI just for having your keys in your hand near your vehicle, intent to Drive Wile Intoxicated.

That's the biggest bunch of horse crap I have ever heard. Suppose you were going to the truck for something with no intention of driving? Who are they to say you that you had the intent?

DUI/DWI, the key word is DRIVING. I would think you would need to be behind the wheel of a moving vehicle to qualify for DRIVING under the influence.

That shit is just plain wrong. If I am drunk and keeping to myself, not making any problems in public and not driving, I should be left alone to enjoy my buzz.
 
Old 02-28-2010, 06:09 AM   #17
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Quote:
Originally Posted by jdmcq View Post
In PA you can be arrested for DWI just for having your keys in your hand near your vehicle, intent to Drive Wile Intoxicated.
Hell, you can get one for mowing your grass drunk and I believe for riding a bike (pedal power) drunk too.
 
Old 02-28-2010, 06:14 AM   #18
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Originally Posted by rb11701 View Post
That's the biggest bunch of horse crap I have ever heard. Suppose you were going to the truck for something with no intention of driving? Who are they to say you that you had the intent?

DUI/DWI, the key word is DRIVING. I would think you would need to be behind the wheel of a moving vehicle to qualify for DRIVING under the influence.

That shit is just plain wrong. If I am drunk and keeping to myself, not making any problems in public and not driving, I should be left alone to enjoy my buzz.
Actually it makes sense. If you can stop someone from driving before they even get behind the wheel and endanger someones life, so much the better. Say one was walking out of a bar towards their vehicle intending to drive home. Why wait until they get on the road to bust them, nip it in the bud.
 
Old 02-28-2010, 06:15 AM   #19
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Originally Posted by 98tacoma27 View Post
Hell, you can get one for mowing your grass drunk and I believe for riding a bike (pedal power) drunk too.
I believe that you are correct.
 
Old 02-28-2010, 06:46 AM   #20
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Cool

I find it entertaining to see all of the legal counsel we have on here. Although laws differ from State to State, I just assume have Badguybuster represent me. Lol. In Fla. you have to establish the "friend" was in physical control of the vehicle. If he passes out in the drivers seat with or without the keys in the ignition, he's arrestable. The ER can draw his blood without his consent (implied consent), and the results can be subpoena later. Another example of this would be if an impaired driver blows .00, blood can be drawn to check for drugs. Does your "friend" have a medical bracelet? Either way, have him get a DD next time.
 
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