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State v. Demaray9/23/2005
Discretionary review of district court ruling suppressing results of blood test on grounds of noncompliance with implied consent law and physician-patient privilege. REVERSED AND REMANDED.
This case provides us with an opportunity to examine whether blood test evidence obtained by the State pursuant to a written release of medical records, independent of the implied consent statute, may be admissible at trial in an operating while intoxicated (OWI) case. The district court suppressed the defendant's blood test after concluding that a written release of hospital records executed by the defendant was insufficient to waive the physician-patient privilege. Upon our discretionary review of the district court's ruling, we reverse and remand for further proceedings.
I. Background Facts and Proceedings
In the early evening of February 11, 2004, Jay Demaray lost control of his car on an icy road in Bremer County. The car slid into the ditch and became immobile. After Demaray climbed out of the ditch, another driver lost control of his car and struck him. Demaray was injured.
Deputy Dennis Miller, of the Bremer County sheriff's office, was dispatched to the scene. He spoke to Demaray and noticed the smell of alcohol on his breath. Upon inquiry, Demaray admitted he consumed one beer. Demaray was then taken by ambulance to a hospital in Waterloo because of his injuries. Deputy Miller did not perform sobriety tests on Demaray at the accident scene, and he did not accompany Demaray to the hospital. He was the only deputy on call that evening and remained at the accident scene. However, Deputy Miller made a request for another law enforcement officer to go to the hospital to obtain a blood sample from Demaray.
Between 8:00 and 8:30 p.m., a deputy from the Black Hawk County sheriff's office went to the hospital to invoke implied consent. However, he was unable to see Demaray because a doctor was treating his injuries. Shortly after 11:00 p.m., Deputy Miller arrived at the hospital. Deputy Miller went to see Demaray, who was in the intensive care unit with a fractured pelvis. By that time, almost four hours had passed since he was originally dispatched to the accident scene. Deputy Miller believed it was too late to invoke implied consent, even though Demaray had not been arrested or asked to submit to a preliminary screening test. See Iowa Code ยง 321J.6(2) ("If the peace officer fails to offer a test within two hours after the preliminary screening test is administered or refused or the arrest is made, whichever occurs first, a test is not required, and there shall be no revocation under section 321J.9." (Emphasis added.)). Deputy Miller instead asked Demaray to give his consent for the hospital to release his medical records, which included results of a blood test the hospital performed for treatment purposes. At 11:06 p.m., Demaray signed a release form presented to him by Deputy Miller, which had been obtained from hospital personnel. The form stated:
I hereby authorize Allen Hospital to disclose and deliver to Deputy Dennis Miller the following requested information regarding Jay Edward Demaray for the purpose of accident investigation[:] . . . All medical information regarding accident on 02/11/04.
I understand that I may revoke this authorization at any time.
Demaray's medical records showed he had a blood-alcohol concentration of .10 when the hospital collected his blood at 8:52 p.m.
On March 1, 2004, the State charged Demaray with OWI, first offense, in violation of Iowa Code section 321J.2. Demaray filed a motion to suppress the medical records obtained by Deputy Miller. Demaray argued that the blood
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