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[lilphilw]

My brother got in an accident and they found out his blood alcohol level was a .1. He's in the hospital now for observation. All his tests came out negative so no serious damage to him thankfully.

Here's the thing: one minute before getting In the accident, he was pulled over and tested for by a sobriety test. The officers let him go after passing the tests. Minute later. Boom. Accident.

Couple questions: can the hospital release him since his tests came back negative and is only under observation? 2. Are the officers prior to the accident liable in any way?

Thanks

 

[RUwoz]

Was this in New Jersey? Sorry to hear about it by the way, glad he's okay

 

[lilphilw]

It was in PA. thanks appreciate it :)

 

[applesktrack]

What I understand about PA DUI's you cannot refuse and they take you straight to the hospital for a blood test. I am assuming he is under arrest for DUI and the Hospital can release him but he will be released into police custody. As to liability of the officers, I honestly don't know. Obviously the most liable is the drunk driver. If he is a functional alcoholic they can pass most field sobriety tests if they are only a .1 as most functional alcoholics live their lives at .2 and about. Hopefully he is ok and no one in the accident is hurt and hopefully he takes it as a wake up call to never do that again.

 

[PSU_Nut]

My brother got in an accident and they found out his blood alcohol level was a .1. He's in the hospital now for observation. All his tests came out negative so no serious damage to him thankfully.

Here's the thing: one minute before getting In the accident, he was pulled over and tested for by a sobriety test. The officers let him go after passing the tests. Minute later. Boom. Accident.

Couple questions: can the hospital release him since his tests came back negative and is only under observation? 2. Are the officers prior to the accident liable in any way?

Thanks

1. He will probably be released by the hospital and then receive a summons in the mail.

2. Why are you asking this question? The only reason you woukd s because you are thinking of suing them. This is a perfect example of what wrong in this country. Instead of blaming your brother for being an idiot and putting everyone's lives at risk that night you are trying to blame the police. To answer your question no. If he passed field sobriety test they have no cause to to perform further tests. Secondly even if they gave him a breathalyzer test it is still possible for his bac to rise after taking the test. If he had alcohol in his stomach it is being absorbed. That is why in Pa that the sample must be take within 2 hrs of the accident.

 

[bryanjints]

I hope your brother loses his license.

 

[greenknight]

Sorry a thread like this should be taken down.

 

[RUfan121]

Perfect example of the entitlement generations way of reasoning. This country is going down fast.

 

[RU85inFla]

Think about it this way. Guy robs a house. Police investigate and question a suspect but let him go because they incorrectly conclude the guy is not the criminal. No liability on the cops part.

 

[lilphilw]

Yup makes sense thanks for the help. I agree with some of you saying he needs a kick in the butt and might need to learn things the hard way. I'm happy he's not seriously injured which is most important. The guy claiming to be an 'ex nj cop' in the ER said this was a liability issue with the cops so thought I'd ask. Sorry if I ruffled some feathers

 

[RutgersRaRa]

Yup makes sense thanks for the help. I agree with some of you saying he needs a kick in the butt and might need to learn things the hard way. I'm happy he's not seriously injured which is most important. The guy claiming to be an 'ex nj cop' in the ER said this was a liability issue with the cops so thought I'd ask. Sorry if I ruffled some feathers

No need to apologize for ruffling feathers--it goes with the territory on these boards. In any thread, just ferret out the useful info and disregard the irrelevant/dooshy comments. People too frequently assume malevolent intentions when questions are asked and respond as thought that's where you're coming from. It might be, it might not, but no matter what you've got to have thick skin to post on these boards.

 

[RU205]

Why delete this thread? Do we live in North Korea. A guy posts a topic, some people give an opinion and at the end of the day someone might learn something.

 

[DJ Spanky]

I agree - I don't see why this thread should be deleted.

 

[MADHAT1]

Years ago Cops used to give breaks to people that were drinking but didn't seem to be drunk and it became a problem when a few who receive a break wound up in an accident and admitted being stopped before and let go.
So I'm surprised your brother was let go.
Could be he passed a field sobriety test because he wasn't impaired enough to feel it, or was stopped before the full effect of the booze hit him.
Don't know if your brother has a case, but don't think passing a field sobriety test gives him a strong one,but I'm sure the cops that stopped your brother are hearing about making sure the next sobriety test they give give someone is as tough as they can make it and with a stricter interpretation.

Don't know if today's field sobriety tests include portable breath analyzers, but if it was included in your brothers teat, need to have it checked out ASAP if your brother sues the Police Department where he was stopped and let go, to have a better case about
being allowed to drive impaired after being stopped.

 

[RU4Real]

If his BAC was .1 then he was legally intoxicated in any state.

If he passed a field sobriety test with that kind of blood alcohol level, it's possible he's a functional alcoholic.

 

[GSGS]

1. He will probably be released by the hospital and then receive a summons in the mail.

2. Why are you asking this question? The only reason you woukd s because you are thinking of suing them. This is a perfect example of what wrong in this country. Instead of blaming your brother for being an idiot and putting everyone's lives at risk that night you are trying to blame the police. To answer your question no. If he passed field sobriety test they have no cause to to perform further tests. Secondly even if they gave him a breathalyzer test it is still possible for his bac to rise after taking the test. If he had alcohol in his stomach it is being absorbed. That is why in Pa that the sample must be take within 2 hrs of the accident.

PSU_Nut - you forgot to ask the $66,000 question about this guy's brother - was he a Joe Paterno or James Franklin recruit?