State Wants to Subpoena Your Medical Blood Records in a Florida DUI Case? What to Do

By Daniel D. Nawara, Sarasota criminal and DUI defense attorney. Last updated October 5, 2026.

If you were taken to a hospital after a crash or a traffic stop, the hospital probably drew your blood as part of treating you. Weeks later a letter arrives from the State Attorney's Office saying it intends to subpoena your medical records. That letter is not a formality. It is your one chance to object before the prosecutor gets your records, and the time to respond is short.

This page explains what the notice means, what your rights are, and what to do in the first few days after you receive it.

What the notice is and why you got it

In a typical DUI case the State's evidence of alcohol comes from a breath test or a blood draw that an officer requested. When there is a crash and someone goes to the hospital, there is often no breath test at all. The hospital's own lab work may be the only number that exists.

Your medical records are private. Under Florida law a hospital cannot simply hand them to a prosecutor. Section 395.3025(4)(d), Florida Statutes, allows a hospital to release patient records in a criminal case only after a court subpoena is issued and the party seeking the records gives proper notice to the patient. The letter you received is that notice.

The notice usually says:

which hospital or provider the State wants records from
the date of treatment
that the State will issue a subpoena unless you object by a stated date

You have a right to object, and a deadline

You do not have to agree to the release of your records. If you object in writing before the deadline in the notice, the State cannot simply serve its subpoena. It has to ask a judge for permission, and you are entitled to a hearing first.

The deadline is stated in the notice itself. It is often as short as 10 to 15 days from the date on the letter, and the letter may have taken several days to reach you. If no objection is filed in time, the State can issue the subpoena, the hospital will comply, and the prosecutor will have your blood result and everything else in the chart.

An objection has to be done correctly: in writing, filed in the case, and served on the State Attorney's Office before the deadline. Calling the prosecutor or the hospital to say you object is not enough.

What happens at the hearing

Once an objection is filed, the judge sets a hearing. Florida lawyers often call it a Hunter hearing, after Hunter v. State, 639 So. 2d 72 (Fla. 5th DCA 1994). Your right to privacy in your medical records is protected by the Florida Constitution, so the burden is on the State, not on you.

The State has to show the judge that the records are relevant to its investigation. Courts describe this as a reasonable founded suspicion that the records contain information related to the crime being investigated. In a DUI case that usually means evidence that you were the driver and that there were signs of impairment.

A defense lawyer can challenge the State's request at this hearing. Common grounds include:

the notice was defective, late, or sent to the wrong address
the State has little or no evidence of who was driving
the State has no real evidence of impairment, only the fact of a crash
the request is too broad and asks for your whole medical history when only a narrow part could matter
the State offers argument only, with no sworn evidence to support it

If the judge sustains the objection, the State does not get the records through that subpoena. If the judge overrules it, the judge can still limit what the hospital has to turn over.

A hospital blood result is not the same as a legal blood test

Even when the State obtains the records, getting them is not the same as being allowed to use them at trial. That is a separate fight, and hospital blood results have real weaknesses as evidence:

Serum, not whole blood. Hospitals usually test blood serum or plasma. Florida's legal limit is measured in whole blood. A serum result reads higher than a whole blood result from the same sample, so the number in the chart overstates the legal figure unless it is properly converted.
A medical test, not a forensic one. Hospital labs test to treat patients quickly. They generally do not follow the collection, testing and record-keeping rules that apply to a blood draw taken for a DUI prosecution.
Chain of custody. The State may have trouble proving who drew the sample, how it was handled, and whether the result in the chart belongs to you.
Other things in the chart. Medications given at the hospital, IV fluids, and the timing of the draw can all affect what the number means.

A lawyer can file a motion asking the judge to keep the hospital result out of evidence. Whether that motion succeeds depends on the facts of the case.

What to do when you get the notice

Find the deadline in the letter and write it down. Count from the date on the letter, not the day you opened it.
Keep the letter and the envelope. The postmark can matter if the notice was late.
Call a DUI defense lawyer right away, before the deadline, so a written objection can be filed in time.
Do not call the prosecutor or the police to explain what happened. Anything you say can be used in the case.
Do not sign a release or authorization for your records if someone asks you to.
Do not contact the hospital to ask it to refuse the subpoena. The objection has to go through the court.
Do not ignore the letter, even if you have not been formally charged yet. The State often sends this notice while it is still deciding what to charge.

Frequently asked questions

Does this notice mean I have been charged with DUI?

Not necessarily. The State often sends it during the investigation, before deciding whether to file charges or which charges to file. It does mean a prosecutor is building a case and wants your blood result.

What if I miss the deadline?

The State can issue the subpoena and the hospital will release the records. A lawyer may still be able to challenge how the records were obtained and whether the blood result can be used at trial, but the strongest position is to object on time.

Can the State get my records another way?

Sometimes. A prosecutor can ask a judge for a search warrant for medical records, which does not require advance notice to you. A warrant requires probable cause, and it can be challenged later.

The hospital drew my blood without asking me. Is that legal?

Blood drawn for medical treatment is different from blood drawn at an officer's request. The hospital did not need a warrant to treat you. The question in your case is whether the State can lawfully obtain that result and use it against you.

Will objecting make things worse for me?

No. Objecting is a right the law gives you. A judge cannot hold it against you, and it forces the State to show it has a lawful basis for the records.

Talk with a lawyer before the deadline runs

Nawara Law defends DUI cases in Sarasota, Manatee and the surrounding counties, including cases built on hospital blood records. Call or text (941) 920-5514, nights and weekends too, or request a free consultation with former prosecutor Daniel D. Nawara. Have the notice in front of you when you call.

General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.