There’s a knock at your hospital room door. A uniformed officer steps in, eyes scanning the IV line running into your arm. They want your blood—specifically, your blood test results for a criminal investigation. But can police take blood samples from the hospital without your consent? Do they need a warrant? The answer depends on a tangle of constitutional rights, Nebraska law, and how aggressively an officer pursues the evidence.
At Petersen Criminal Defense Law, we’ve handled thousands of DUI and criminal cases, dissecting every piece of evidence law enforcement tries to use against our clients. If the police are after your hospital blood test results, you need a skilled defense attorney who can challenge unlawful searches. Call us today for a free, confidential consultation.
Can Police Take Blood Samples from the Hospital Without a Warrant?
In many cases, police cannot take your blood sample from a hospital without a warrant or consent. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, meaning law enforcement generally needs a judge’s approval before accessing private medical information.
However, exceptions exist. Under Missouri v. McNeely (2013), the U.S. Supreme Court ruled that police must obtain a warrant for a DUI blood test at a hospital unless there are exigent circumstances. This means that in most DUI cases, officers cannot take a blood sample without first securing judicial authorization.
Can Police Get Blood Results from a Hospital Under Exigent Circumstances?
Exigent circumstances refer to urgent situations where law enforcement can bypass the usual warrant requirement. Here are the narrow situations and extent circumstances where it may be possible:
- Unconscious drivers. In Mitchell v. Wisconsin (2019), the Supreme Court ruled that unconscious drivers may be subject to blood tests without a warrant under certain circumstances. Nebraska courts, however, still require officers to justify why they did not obtain judicial approval before ruling on the admissibility of the evidence.
- Imminent evidence destruction. If delaying a blood test would allow alcohol or drugs to metabolize and disappear from the bloodstream, the court could consider this to be an urgent situation that constitutes a warrant exception.
- Medical emergencies. If a suspect is undergoing emergency medical treatment, officers may argue that waiting for a warrant is impractical.
This is not an exhaustive list, and other exceptions may apply. However, while these exceptions exist, they do not grant unlimited authority. Courts scrutinize whether an actual emergency justified bypassing a warrant on a case-by-case basis.
Can Police Get Blood Results from the Hospital Without Consent?
Hospitals are bound by HIPAA (Health Insurance Portability and Accountability Act), which protects your medical records from unauthorized access. Generally, this means police cannot get hospital blood results without consent or a legal exception. However, law enforcement may attempt to access hospital blood results through:
- A subpoena—this method is weaker than a warrant and can often be challenged;
- A search warrant—this method requires judicial approval and probable cause; and
- Exigent circumstances—as previously mentioned, if officers believe waiting for a warrant will destroy evidence, they may claim an emergency justifies immediate access.
Just remember, Nebraska law does not automatically grant police access to a DUI blood test at the hospital. Contact us if law enforcement is trying to use hospital records against you. Our experienced DUI team can fight to suppress the evidence.
How Can a DUI Attorney Challenge Unlawful Blood Tests?
If the police took a blood sample without following proper legal procedures, Petersen Criminal Defense Law could challenge the evidence. Possible defenses include:
- Lack of a warrant—if police obtained your blood sample without a warrant and no valid exception applied, courts may throw the evidence out;
- HIPAA violations—unauthorized access to your hospital records can render test results inadmissible; and
- Improper testing procedures—blood tests must be conducted and stored under strict guidelines, and any deviation could make the results unreliable.
Our team knows the intricacies of Nebraska’s DUI and search laws. After handling over 8,000 cases, we’re ready to scrutinize the evidence against you and build the most vigorous defense possible.
Fighting for Your Rights
If you’ve been arrested based on hospital blood tests, don’t assume the evidence against you is ironclad. Petersen Criminal Defense Law has protected Nebraskans from aggressive law enforcement tactics since 1995. Attorney Tom Petersen is nationally recognized for DUI defense and has been named among Nebraska’s Top 50 defense attorneys. We offer free, no-obligation consultations—because everyone deserves a strong defense. Contact us today. Your rights matter, and we’re here to protect them.
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