If you were involved in an accident or taken to the hospital after a suspected DUI in Florida, you might assume that your medical records—including any blood test results—are private. However, the State Attorney’s Office has the power to subpoena hospital records in DUI cases.
While prosecutors can request your medical blood draw results, they must follow strict legal procedures before using this evidence in court. You have rights, including the ability to object to the subpoena. If law enforcement or the prosecution fails to follow proper steps, the evidence could be thrown out—which may significantly weaken the case against you.
In this blog, we’ll break down:
- How the State Attorney subpoenas medical blood test records.
Why notice to the patient (you) is required before obtaining records.
Your right to object and challenge the subpoena.
How the government must prove a nexus (relevance) between your medical records and the DUI case.
If you’re facing DUI charges and believe your hospital blood test results were obtained illegally, contact Fletcher + Fletcher immediately for aggressive legal defense.
Can the State Attorney Subpoena Your Medical Blood Test Results?
Yes, but only under specific legal conditions. Unlike a breath test administered by law enforcement, medical blood draws performed in a hospital are protected under HIPAA and Florida privacy laws.
Prosecutors cannot simply demand your medical records—they must go through a formal subpoena process, and you have the right to challenge it before the records are released.
How Does the State Attorney Subpoena Medical Blood Test Records?
In Florida, the State Attorney’s Office can seek medical blood test results to use as evidence of impairment in a DUI case. However, they must follow due process, which includes:
1 Filing a Formal Subpoena Request
- The prosecutor issues a subpoena to the hospital or medical provider requesting the defendant’s blood test results.
- The request must specify why the records are needed for the DUI prosecution.
2 Providing Notice to the Patient (You)
- You must be notified that the State Attorney is seeking your medical records.
- This gives you the opportunity to object to the subpoena before your private records are turned over.
3️ The Right to Object to the Subpoena
- Once notified, you (or your attorney) can file an objection with the court.
- The judge will then determine whether the subpoena meets legal standards or if your records should remain private.
4️ Proving a Nexus Between Blood Draw Results & DUI Charges
- The government must prove that the records are relevant to the DUI case.
- Simply having medical records isn’t enough—the State must show a direct connection (nexus) between the blood test results and alleged impairment.
- If they fail to do so, the subpoena can be quashed (thrown out), meaning the records cannot be used as evidence.
Important: If the State Attorney fails to notify you, does not establish a proper nexus, or the subpoena is overly broad, the evidence may be inadmissible in court.
Your Right to Object: How to Challenge a Medical Blood Draw Subpoena
If you receive notice that the State Attorney is subpoenaing your hospital blood draw records, you should immediately consult a DUI defense attorney.
Here’s how you can fight the subpoena:
✔ Lack of Proper Notice
- If prosecutors fail to properly notify you, the subpoena may be invalid.
✔ Unlawful Search & Seizure (4th Amendment Violation)
- Your medical records are private, and the government cannot access them without following strict legal procedures.
- If law enforcement improperly obtained your medical blood draw results without a valid subpoena, the evidence could be suppressed.
✔ Challenging the Nexus
- The State Attorney must prove that your hospital blood test results are relevant to your DUI case.
- If your blood was drawn for medical treatment (not law enforcement testing), the results may not be reliable or admissible in court.
✔ HIPAA & Florida Medical Privacy Laws
- HIPAA and Florida patient privacy laws protect your medical records.
- If a subpoena violates these protections, the court can deny access to your records.
What Happens if the Subpoena is Approved?
If the court grants the subpoena, the hospital must turn over the records to the State Attorney’s Office. However, this doesn’t mean the evidence is automatically valid.
Even if the State obtains your medical blood test results, a skilled DUI defense attorney can still challenge:
Chain of Custody Issues – If records were mishandled, they may be inadmissible.
Testing & Storage Errors – Hospital blood draws do not follow forensic protocols used for legal DUI blood tests.
Independent Testing – Your attorney can request an independent review of the hospital blood test results.
Even if a subpoena is granted, an experienced DUI attorney can still fight to exclude the evidence.
How Fletcher + Fletcher Can Help
If you were hospitalized after a DUI-related accident, the State Attorney may try to subpoena your medical records. But that doesn’t mean they’ll automatically win in court.
At Fletcher + Fletcher, we:
✔ Challenge improper subpoenas that violate privacy laws.
✔ Fight to exclude illegally obtained medical records from being used in court.
✔ Ensure prosecutors follow due process, including providing proper notice.
✔ Argue against unreliable blood test results that were taken for medical purposes, not forensic DUI testing.
If your medical blood test records are being used against you in a DUI case, you need a strong defense now.
📞 Call Fletcher + Fletcher today for a consultation.
