I had a car accident 5 days ago i hit a parked car with no occupants, the police came i went to the hospital no police were at the hospital they drew blood (basic protocol for anyone in the ER) i had a BAC that was high i was at the hospital for about 12 hours, left went home spoke with insurence company so did the other driver, i haven't heard anything about the BAC from the police , can i be arrested?
2 Answers from Attorneys
It is unlikely since it doesn't sound like the police have an adequate basis to obtain the blood the hospital took via a search warrant.
Based on whether you could be charged with a misdemeanor or a felony, you could be charged up to a year later or 5 years later, respectively. If the police contact you "to get your side of the story" tell them that you want to speak with your lawyer first.
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