- October 31, 2024
- DUI Blogs | Taracks & Associates
Learn What to Do after a Subpoena for BAC Medical Records in Florida
Are you a suspect in a Florida DUI case? Then, chances are that the prosecution is doing everything they can to gather solid evidence to prove your guilt. This may include reviewing witness testimonies, analyzing physical evidence, and obtaining video footage from surveillance cameras. Sometimes, it may also mean taking all necessary steps to access one of the most compelling pieces of evidence—a BAC result.
Short for Blood Alcohol Concentration, a BAC result measures the volume of alcohol in your system at a specific time. It can be used to determine whether you exceeded the legal alcohol limit of .08% for over-21-year-olds and .02% for under-21s. If you were rushed to the hospital following a suspected drunk-driving accident, the hospital likely drew your blood for this test. The prosecution may then attempt to lay hold of this vital piece of evidence by issuing a subpoena for your medical records.
If this is your situation, don’t panic. You still have rights and several defense tactics to ensure that your BAC results don’t end up with the prosecution. In this article, we’ll aid your understanding of BAC record subpoenas and let you in on the options available to you.
What Is a Subpoena for Medical Records in a Florida DUI Investigation?
Everything You Need to Know about Florida Subpoenas for Medical Records of BAC
A subpoena is an official request for the recipient to perform an action relating to a case. In many cases, this involves producing a relevant document in their possession. So, when a hospital is subpoenaed for medical records for BAC, the prosecution requests the hospital to submit your relevant blood test results.
Typically, you’ll know that your BAC medical records have been subpoenaed upon receipt of two documents from the State Attorney’s Office:
- A HIPAA (Health Insurance Portability and Accountability Act) 15-day letter and;
- A Notice of Issuance of an Investigative Subpoena for Medical Records.
Besides informing you about the subpoena, the documents provide a time frame to object to the prosecution’s access to your records, if you wish.
Now That Your Records Have Been Subpoenaed, What Next?
Common Strategies for Challenging a BAC Records Subpoena
If you decide to object to the subpoena (which we strongly advise), there are numerous legal grounds to back your decision. They include:
Lack of Probable Cause
Per Florida Law, the prosecution has to show probable cause for requesting your records. In other words, there must be sufficient reason to believe that you are guilty of DUI. If the prosecution cannot prove this, you can argue that there are no reasonable grounds for the subpoena and have the request denied.
Procedural Errors
You can have a subpoena quashed on the ground that proper legal procedures weren’t followed in the state’s request. For example, the prosecution may have failed to give proper notice, or there were irregularities in the chain of custody of the results. There may have also been errors in the way the records were handled or stored, rendering the results inadmissible. Regardless of the specific details, the subpoena will be quashed if evidence of procedural errors is provided.
Fourth Amendment Violations
The Constitution, through its Fourth Amendment, guarantees your right to privacy and “security in your papers.” Since medical records contain sensitive information, you can argue that a subpoena violates your Fourth Amendment rights. If the prosecution does not provide ample justification for overriding this right, the subpoena will be quashed.
Any one or a combination of the above defenses may be effective in blocking a subpoena for your BAC medical records.
What Are the Processes Involved in Fighting a Subpoena for Medical Records of BAC?
How to Block a Subpoena for BAC Medical Records in Florida
To defend against a subpoena for your medical records of BAC, you’ll have to take these two essential steps:
File a Written Objection
You can formally contest the subpoena within 15 days from the receipt of the notice through a written objection filed with the Clerk of Court. Then, a copy of the motion is served on the prosecutor with the State Attorney’s Office. Your attorney may also serve a copy on the relevant hospital or medical facility. They may want to know whether the medical entity illegally handed your records over to a prosecutor or law enforcement officer.
Attend a Hunter Hearing
Your written objection to the subpoena will trigger the next process— a Hunter Hearing. This is a legal proceeding where the state is required to prove why obtaining your BAC medical records is necessary. The hearing is presided over by a judge and also allows you to present arguments in your favor. You’ll also be able to cross-examine the state’s witnesses.
If the presiding judge determines that there are valid grounds for the subpoena, the records will be released to the prosecution. However, if the state fails to meet its burden of proof, the subpoena will be quashed.
To prepare for a Hunter Hearing, we advise that you take the following steps:
- Compile all the documents relevant to the case, including the subpoena and notices
- Identity and prepare potential witnesses to testify to the subpoena’s irrelevance at the hearing
- Develop a solid defense strategy that emphasizes compelling reasons for quashing the subpoena
Note, however, that while you can represent yourself at a Hunter Hearing, you’re strongly advised not to. Due to the complexities involved and the fact that your freedom is at stake, it’s essential to hire a Florida defense attorney.
A qualified and experienced DUI defense lawyer will efficiently:
- Help you understand your legal rights and fight to protect them
- Challenge the subpoena, providing the necessary evidence and solid arguments to convince the court to deny the request
- Prepare you adequately for the hearing
- Provide professional legal advice
- Handle the paperwork
- Provide you with moral support.
Contact Our Dedicated Florida DUI Defense Attorneys Now
We’re Your Best Bet for Effectively Fighting a Medical Record Subpoena Request in Florida
The DUI defense team at Taracks and Associates is thoroughly familiar with Florida’s criminal justice system. With decades of experience contesting BAC medical records subpoenas, we know what works and what doesn’t.
Our founders are also former prosecutors, which means that we also understand your case from the prosecution’s side. This advantage makes us the perfect choice of legal professionals to defend your rights and freedom.
Schedule a free consultation with us now by dialing (813)-281-2897.