Legal Question in DUI Law in Virginia

Re: dui

Generally speaking, the prosecutor (commonwealth attorney) can subpoena any documents from any source.

However, hospital records are a special case because they involve issues of privacy and Federal laws under HIPPA.

Also, the information sought must be reasonably relevant.

Also, what is said to a doctor for seeking treatment might not be admissible.

You put your question under DWI, so I assume you are being charged with DWI. I would imagine that the prosecutor would be seeking evidence that your blood alcohol level was above the lawful level.

There are potentially a lot of legal questions and problems if the prosecutor tries to use any information from your hospital records.

You should definitely get a criminal defense attorney to defend you.

Re: dui

Yes, if the record is relevant to the case pending against you.