What Are My Rights in a Hospital After a Fort Myers DUI?

After many DUI accidents, defendants find themselves quickly transported to the nearest hospital. Even if the defendant suffered minor injuries, first responders may be cautious about their condition. Although transport to a hospital is certainly better than transport to the nearest jail, DUI defendants in Fort Myers should still be mindful of their rights during their treatment. Ideally, defendants should consider calling experienced Fort Myers DUI defense attorneys as soon as possible after their crashes.

Can the Police Question Me While I’m in a Hospital? 

Police officers may attempt to question you at any stage after the alleged DUI. However, this does not necessarily mean you need to consent to these interviews. Depending on whether you are under arrest or merely a suspect, police officers may need to read you various rights. In any case, you always have the option of remaining silent. This is often the most logical course of action, as you might unwittingly make self-incriminating statements.

Some injured motorists may be questioned by police while they are mentally incapacitated. For example, you might have suffered a head injury during the crash. This might cause cognitive issues, speech problems, and memory loss. Looking back, you might vaguely remember being questioned by a police officer – but you may be unaware of what exactly you said. Alternatively, your mental state might have been altered by medications such as painkillers. Even if you made self-incriminating statements during these interviews, these statements could be inadmissible because of your mental state at the time. Your defense attorney can help you have these problematic statements excluded.

Can Police Gain Access to My Hospital Blood Records After a DUI? 

Police cannot gain access to your medical records without permission, even if they suspect you have committed a DUI. If you refuse Breathalyzer or blood tests, the hospital staff may still take some of your blood as part of your medical treatment. The hospital staff may then test this blood for alcohol content.

Although this is somewhat rare, the authorities could potentially gain access to the results of this blood test by gaining a subpoena. A subpoena may legally require the recipient to hand over potentially important evidence. However, the defendant can object to this subpoena. The confidentiality of medical records should be maintained, and you have every right to protect them.

Can a Defense Attorney Help Me While I’m Still in the Hospital? 

If you’re currently recovering from a car accident and you’ve been accused of committing a DUI, you may want to contact a defense attorney in Fort Myers. You do not need to wait until you leave the hospital to make this call. You could benefit from legal advice at this stage, especially if police are trying to gather evidence of your alleged DUI while you’re still receiving treatment. Reach out to The Foley & Wilson Law Firm today to get started with a defense strategy.

 Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.057.html

supremecourt.flcourts.gov/content/download/326888/file/04-1653_FullPageFormat.pdf