Utah police got it completely wrong this summer when they arrested a nurse for refusing to allow Utah police to draw blood from an unconscious truck driver involved in a car wreck.
After a quick investigation, the charges were dropped, the arresting officer was fired, and his supervisor demoted.
The nurse’s knowledge of the law and courage were remarkable, yet not every health care professional is willing to stand up to police like this.
That’s why it’s critical that you understand your rights at any Connecticut hospital, regardless of whether you’ve been arrested in Stamford or Greenwich hospital for DUI / DWI, or are being investigated for DUI / DWI.
What is the Law in Connecticut for Providing Blood & Urine Samples at a Hospital?
As any of the best DUI / DWI criminal lawyers attorneys in Stamford, Norwalk & Greenwich Connecticut can explain, hospitals are required to strictly comply with patient privacy laws, as well as criminal constitutional search and seizure laws.
A hospital cannot provide police with your blood or urine samples, or lab / toxicology results from your blood / urine samples, without either (1) your written consent, or (2) a search warrant signed by a Connecticut Superior Court judge. There are no exceptions to this rule.
The video of the Utah nurse standing up for her patient’s rights (and the arrogance and ignorance of the Utah police officer) is not only compelling, but also illustrates the lengths to which a police officer will go to get evidence unconstitutionally…
Hospitals Are Sometimes in Cahoots with Connecticut Police
Not every hospital protects their patients like this Utah hospital did. In spite of these strict privacy laws, many top Stamford and Greenwich Connecticut criminal lawyers and attorneys have seen hospitals bend over backwards to help the police obtain blood and urine samples. It’s not that they illegally provide police with the actual samples, but they will essentially order or pressure a Stamford or Greenwich Connecticut DUI / DWI suspect to provide the hospital with a urine or blood sample for purported “medical reasons” when there really is no valid medical or legal reason to take the sample.
They do this—unbeknownst to you—so that the police can then get a search warrant for your urine or blood results later on, and then arrest you in Connecticut for DUI / DWI.
You Have the Right to Refuse a Blood or Urine Test
Obviously your health and getting you the best medical care in an emergency room or hospital is critical, but for situations where you are taken to hospital as a “precautionary measure,” you may want to consider refusing to give a blood or urine sample that could later incriminate you or get you arrested in Stamford, Greenwich or Norwalk for a DUI / DWI.
You can refuse.
Or, at the least, you can call a top Greenwich or Stamford DUI / DWI criminal lawyer attorney to determine what you should do.
Contact a Stamford DUI / DWI Criminal Lawyer Today
The Mark Sherman Law Firm’s team of DUI / DWI criminal lawyers are available 24/7 to assist you with any hospital blood or urine sample questions. Understanding Connecticut search and seizure laws is not easy. That’s why we continue to follow Supreme Court decisions, as well as national stories such as the Utah nurse case, to keep up with emerging legal issues, and police misconduct cases. For more info on our firm, you can click this link to see our Avvo.com certified DUI / DWI client reviews. Then give us a call at (203) 358-4700 to discuss your case.