According to Dr. James F. Holmes of UC Davis School of Medicine, among those admitted to the ER with a blood alcohol level above the legal limit "the conviction rate is 59 percent." Holmes and his colleagues looked at data from a large California hospital of 241 drivers who'd been admitted to the ER in 2007. These drivers were admitted with a blood alcohol level above 80 milligrams per deciliter, the state's legal limit. Of those patients, the sickest and those with alcohol levels below 200 were less likely to end up with a guilty sentence.

According to the DMV records, surprisingly the investigating police officers believed 11 percent of the drunk drivers were characterized as having "not been drinking." The ER blood samples showed an average alcohol level of 172 milligrams per deciliter. "Those guys were over the legal limit, although the officers said they hadn't been drinking, and they didn't get a DUI," said Holmes.

It wasn't necessarily out of negligence that these police officers did not report the drivers as DUI. Doctors are prevented from giving out patient information by the Health Insurance Portability and Accountability Act (HIPAA), this includes blood alcohol levels. Police often have to wait around at the hospital until the patient has been treated before they can do further investigation. During this time the patient is breaking down alcohol at a steady pace. Although it is possible to estimate the original levels given the elapsed time, it isn't often done. This could explain why the legally recorded blood alcohol levels average some 50 milligrams lower than the hospital's test results.  Officers can require a blood test even if a suspected drunk driver refuses, but they only request them if there are signs of intoxication.

 "There is a push among some of the injury prevention researchers at our institution to basically get a state law that would require the (emergency department) physician to report to the police that they have an intoxicated driver," Holmes said.Skeptics worry that such a law might scare injured drivers away from seeking medical attention after an accident.

If you or someone you know is being charged for DUI, call us today to schedule a free face-to-face consultation. The Los Angeles DUI attorneys at the Hedding Law Firm have a combined 75 years of experience. We will collect all the facts and information related to your case and devise a proper plan of action for your unique case.