How To Fight A DWI After Your Accident Puts You In The Hospital

If you are involved in a DWI and crash and injure yourself, you may face many consequences in addition to your injuries. You will likely be found liable for the accident even if another driver was partially at fault because driving with a DWI is more likely to lead you to be found liable. You may also find that your insurance rates will go up. For this reason, if you believe that you weren't under the influence of alcohol, you'll want to fight hard to have your charges dismissed.

Auto Insurance Coverage

While auto insurance will cover accidents that involve the policyholder making a mistake, no auto insurance provider will cover accidents that involve an intentional act by a motorist. Therefore, you will need to prove that you were not driving under the influence to be able to avoid these consequences and receive compensation for your injuries under your insurance provider and avoid having your insurance premium go up. 

The Hospital Blood Test

If you are injured and find yourself in the hospital, you might be given a blood test, which may detect the presence of alcohol in your body. If this is the case, the blood test might be subpoenaed or might be given to the police as required by law under a court order. 

The blood test can be provided in response to a request from a law enforcement officer who believes that you are guilty of a crime. However, the blood test might not have been performed properly. For example, the blood test sample might not be properly preserved. Also, the blood test can only be used to prosecute a DUI or reckless homicide. 

How the Hospital Blood Test Works

The hospital blood test will test the liquid part of a drawn blood sample. Blood tests for the purposes of detecting alcohol, however, are typically whole blood tests. The difference is that the blood-alcohol concentration (BAC) will tend to be lower with a whole blood test and you will want your attorney to make it clear that the test may have made you appear more intoxicated than you actually were.

The Police Might Order a Blood Test

The police may be able to order a blood test without your consent if you were unconscious due to your accident. Therefore, you may need DWI legal representation when trying to fight to have your DWI charges dropped. Contact a DWI attorney for more information.