My brother crashed his car into the woods & was taken to the hospital. He totaled the car too & he has been in the hospital for 5 days now. Do the police automatically test your blood for alcohol in these scenarios? He was the only person in the car & the only person injured.
Whether the police have sought the blood alcohol level of your brother may be irrelevant. If the State of Florida suspects a DUI, they may seek a subpoena to obtain your brother's hospital records in order to determine the Blood Alcohol Level (BAL) at the time of treatment. Although this is not a true depiction of the BAL at the time of driving, an expert can convert the hospital blood into a "legal" BAL and potentially extrapolate the result to the time of driving.
Based on the circumstances you described, it is likely that law enforcement will have blood to test and are likely to do so...You brother should retain a competent criminal trial lawyer a.s.a.p.
When you are transported to a hospital under such circumstances, the medical staff will do a blood draw in order to provide the necessary care/treatment. There are situations when police officers may request a blood draw during a DUI investigation. However, if the medical staff is doing one anyway without the police asking for one; the results can be used in a subsequent DUI investigation/prosecution. Your brother should consult a DUI attorney if he is being prosecuted for DUI. Good luck!
