Do Hospitals Have to Report DUI Patients?

If you arrive at the hospital for treatment and a test shows that your blood alcohol is over the legal limit, does the hospital have to report you to law enforcement? This is the question posed in a recent Oregon case, and the court answered “yes”. Oklahoma does not have the type of “mandatory reporting” statute in effect in Oregon, but in some cases doctors may feel an obligation to inform law enforcement anyway.

In the Oregon case, a statute required health care facilities to notify law enforcement of patients with over 0.08 alcohol concentration or a controlled substance in their blood. The defendant had refused to consent to a blood draw and the arresting officer did not seek a warrant, but the hospital informed the arresting officer of the defendant’s 0.333 blood alcohol concentration. The defendant argued that disclosure of his test result violated his constitutional rights. However, the court stated that the private hospital was not a governmental entity, so no “state action” was involved in the disclosure. State v. Miller, No. A150972 (Coos County Circuit Court 2017).

Oklahoma has no mandatory reporting rule for DUIs. However, in certain situations doctors and medical staff may feel that it is their duty to report an intoxicated patient. While medical professionals may have difficulty evaluating whether a patient is safe to drive based on their appearance and actions, a blood test done in the course of treatment can show a blood alcohol content over the legal limit. Even with a blood test result in hand, most physicians will be extremely reluctant to disclose this information to law enforcement because it would violate patient confidentiality. One important exception to confidentiality, however, is if the patient “poses a serious threat to the health or welfare of the public or themselves.” “Reporting by Physicians of Impaired Drivers and Potentially Impaired Drivers”, J Gen Intern Med. 2000 Sep; 15(9): 667–672.

Doctors and medical staff may choose to report a patient who is intoxicated, especially if the patient shows an intent to leave the hospital while still under the influence. Further, if the patient tells them that he has been in a motor vehicle accident or has injured another person, they have feel an obligation to report it. However, Oklahoma has not gone so far as to enact a strict reporting law like that in Oregon.

The Oregon case provokes questions about confidentiality and medical obligations to report crimes. What it does not address is the factors other states should consider when a mandatory (or even voluntary) reporting law is proposed. Finally, the court decision did not address the constitutionality of a state-run hospital reporting an intoxicated patient.

Seek out a DUI attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now teaches other attorneys and law enforcement about sobriety testing techniques and defends Oklahoma drivers charged with DUIs. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.