The person arrested on a DUI charge has ordered his or her own blood alcohol content (BAC) test. It is nearly the day of the accused’s hearing and the BAC results have not arrived for the accused’s use. The accused is wondering what is happening and what to do. The accused has been waiting two weeks for this information.
Several people and many experts gave a number of reasons why this might be so. One reason is that the accused did not make it clear that the results could be mailed to the accused’s lawyer’s office and or to the accused’s home. Without that clarity a testing lab will not mail out such sensitive information. Confidentiality laws, HIPPA laws, other state laws are very strict on any type of medical information control and delivery. Best recommendation was to give the lab a call … a week earlier. If the testing lab is nearby, the accused could travel there – depending on license restrictions that may have been imposed. The accused’s lawyer cannot get the information without the accused giving permission for this. Even the police cannot get a person’s personal medical information from a doctor or lab or hospital without a subpoena. Besides, the police likely do not even care about the accused’s blood tests, especially if the police have a breathe test.
Another reason a few jokesters said was perhaps it was a heavy weekend for imbibing and DUIs and the lab is just back up with the additional workload. It takes all kinds …
A number of people, apparently with some experience in this situation, wondered why the accused was in such a hurry for the results. They say that the delay might even play to the accused’s favor. If the accused expects the results to come back high these results could hinder the accused ability to plea to a lesser charge at the hearing. Once a plea is accepted it cannot be altered even if addition evidence, like one’s blood test results, suddenly shows up. Unless the accused has every reason to believe that the blood test results will prove that the accused was not driving under the influence, there may be no reason to wait. If the accused wants the results used then the accused should plead not guilty say the experts and allow the case to go to trial. Once committed to a trial, and the results come back showing bad, the accused may have some opportunity to negotiate with the prosecuting attorney, but it is not a guarantee. Also, the accused and the accused’s lawyer do not need to broadcast the fact that the accused has ordered his or her own blood tests. Opposing counsel “… can and will use whatever the accused says (or has) against the accused in a court of law …”, like the accused’s own blood test results.