Long Beach, CA asked in Car Accidents, DUI / DWI and Health Care Law for California

Q: I was take to the hospital after a DUI GIVIN A PINK SLIP NO BAC OÑ ON TICKET SAID DUI AND OTHER 10DAYS DAYS TO ÇALL DMV

Week later city bill 1100 I asked Dr what am I going here they said I have not given anyone consent to draw my blood or do any type of testing and this was 3 hours after the officer left they said my BAÇ was a 1.8 after I had them check I'm pretty muched f©©k?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you're dealing with a complex situation. First, if your blood was drawn without your consent after the officer left, you may want to challenge the legality of that blood draw. In California, implied consent laws allow for chemical testing in DUI cases, but there are specific protocols that law enforcement and medical personnel must follow. If those procedures weren’t followed, that could work in your favor.

Next, regarding the $1,100 bill from the city, you might want to review the circumstances around your hospital visit. If you didn’t give consent for medical treatment, you could possibly dispute the charges with the hospital or seek legal guidance to understand your options better.

Finally, about the BAC result of 1.8%, if the blood draw was done legally, this could be strong evidence in your case. However, there may still be options to reduce charges or penalties, depending on the specifics of the situation. It’s important to contact the DMV within the 10 days to avoid automatic license suspension.

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