Thread: Blood alcohol taken without permission!

My wife has been convicted of agg vehic homicide and the hospital gave authorities blood alcohol results after she refused.
I am seeking an attorney who will sue the hospital for us.

"My wife has been convicted of agg vehic homicide"

If alcohol or drugs are suspected they can legally hold you down if that's what it takes to draw blood. I suspect she also declined the breathalizer. No you can't sue them. I think you should worry about a law suite from the family who lost it's loved one.

there was no warrant

also, the hospital couldn't ( or wouldn't ) tell the court who drew the blood!

Originally Posted by vfielder

"My wife has been convicted of agg vehic homicide"

If alcohol or drugs are suspected they can legally hold you down if that's what it takes to draw blood. I suspect she also declined the breathalizer. No you can't sue them. I think you should worry about a law suite from the family who lost it's loved one.

I was wrong in stating you couldn't sue them, anyone can file a law suite.
But it's the winning that matters. Again "My wife has been convicted of agg vehic homicide" 10,000 excuses doesn't change that fact.

Originally Posted by nfaulky

My wife has been convicted of agg vehic homicide and the hospital gave authorities blood alcohol results after she refused.
I am seeking an attorney who will sue the hospital for us.

I too am a bit stuck on the morality of this but there was a case in Portland Oregon, in Oct 2009 where a Judge did rule that blood tests require a proper warrant and dismissed the DUI charge.

There were some pending appeals that I didn't follow but that's the only case I've heard of that's related.

The U.S. Supreme Court1 and Court of Criminal Appeals2 have both found that DWI cases present very clear exigent circumstances allowing warrantless draws, and the implied consent statutes impose limitations, not constitutional prohibitions, on officers drawing blood.

Hi,
Its very bad.These kind of cases come into picture from the past few years.One should take some strict actions against these type of hospitals.