Can the Prosecution Subpoena Your Medical Records in a DUI Case?

In DUI cases where there has been damage to property, serious injuries or the death of an individual, the prosecutor may issue a subpoena for your medical records, including results of blood tests.

In cases where the driver refused to take a breathalyzer test or the officer’s request for a blood test, a subpoena for your medical records can be issued. In serious cases of DUI or DUI manslaughter, it is common for the prosecutor to issue a subpoena.


If you receive a notice that the prosecutor is trying to procure your medical records then it is best to consult experienced DUI lawyers who can guide you through the subsequent trial proceedings. It is essential that you contest the issuance of the subpoena. You can write the objection yourself but with experienced DUI attorney in Miami, you are in safe hands.

If the state wants to get hold of your medical files then it must prove that there is a probable cause for the issuance of the subpoena. In some cases the prosecutors may have obtained your medical records using unlawful means. The issuance of subpoena may be a method to legitimize it.

If you do not object the issuance, you will have to produce all the requested documents in court and they are likely to be used against you. Furthermore, if you neither object nor comply to the issuance and fail to present the documents in court then there could be legal penalties that follow.

What are subpoenas used for?

In case of DUI, they are used to obtain the driver’s medical records that may include your blood test information to determine the blood alcohol content at the time.

An Orange County DUI lawyer or other legal representatives can help you figure out if there are valid legal reasons to object to a subpoena’s demand.


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