My client was facing charges of DUI and careless driving after a serious single-car accident. The incident occurred when the client experienced a medical episode while driving, leading to the accident. At the hospital, the client was intubated, and police requested a blood draw, suspecting impairment. When the blood test returned positive for a controlled substance, the client was cited for DUI.
After speaking to the client about the situation, I obtained a release of the client’s medical records, which revealed that the controlled substance detected in the blood test had been administered by hospital staff during treatment, not consumed prior to driving. Additionally, I was able to confirm there was no evidence of alcohol use. I presented the records to the prosecutor, who subsequently dropped the DUI charge.
To address the careless driving citation, I spoke to the investigating officer about the medical issues which caused the crash, and the officer agreed to dismiss the careless driving charge as well, avoiding the need to have a hearing.
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