Columbus OVI/DUI Attorney Blog
When a celebrity is charged with driving under the influence, the legal proceedings often generate headlines which capture public attention. While many readers focus on the celebrity involved, some readers notice something else entirely: the legal issues unfolding behind the scenes. In the Tiger Woods DUI case, the recent legal issue was whether the prosecution can obtain Woods’ hospital records.
Tiger Woods Charged with DUI
On March 27, 2026, according to Yahoo Sports, Woods was involved in a rollover crash. The investigating officers administered field sobriety tests and observed that Woods had dilated pupils and was sweating profusely. Woods said he had taken the pain reliever Vicodin that morning, and he had two Vicodin pills in his pocket.
The officers arrested Woods and took him to the county jail, but the jail did not want to house him until he was cleared by medical personnel. Woods was taken to a hospital, where he refused medical treatment, and then was taken back to the jail.
Prosecutors Obtain Prescription Records
The prosecution sought access to portions of Woods’ medical records from the hospital where he was taken after the accident. Specifically, the prosecutors requested a subpoena for “all prescription medication on file, to include date and time prescription was filled, type of prescription, number of pills in each prescription, the dosage amount, all special instructions on how to take the medication, date of next refill, all warnings including but not limited to operating a motor vehicle while taking the prescription.” A Florida judge approved the subpoena but with the addition of a protective order which prohibits the prosecution from disclosing the records to anyone other than the defense team and the judge.
For Ohio drivers, the most important takeaway is not what happened in Florida. It is understanding how medical records are used in Ohio DUI cases (called ‘OVI’ in Ohio). A common misconception is that police and prosecutors can simply subpoena a defendant’s hospital records whenever they believe those records may contain useful evidence. In Ohio, that assumption is incorrect.
Ohio Law Protects Privacy of Medical Records
Ohio law acknowledges the confidential nature of medical records. Ohio Administrative Code section 3701-83-11 generally prohibits medical providers from disclosing medical information. Ohio law also recognizes the physician-patient privilege which protects confidential communications between patients and their medical providers. Ohio Revised Code section 2317.02 reflects an important public policy: patients should be able to seek medical treatment and speak candidly with their physicians without fearing that every conversation will later become evidence in a criminal prosecution.
Police and Prosecutors May Seek a Defendant’s Medical Records
This issue can become significant for OVI cases in which a defendant is transported to a hospital for treatment. Physicians may order toxicology screening to diagnose injuries and provide appropriate medical care. Those tests are performed to treat the patient—not to assist law enforcement. But law enforcement would like to use those records in the defendant’s OVI trial.
Ohio Revised Code section 2317.02 does contain a provision which permits health care providers to provide law enforcement with medical records pertaining to alcohol/drug tests in the context of criminal investigations. However, the disclosure of the records does not mean the records will be admissible in court. At least three Ohio appellate courts have concluded obtaining a defendant’s medical records requires a search warrant, and a subpoena is not good enough.
Beware of National Headlines
The Tiger Woods prosecution serves as an important reminder that criminal procedure varies significantly from one state to another. The fact that Florida prosecutors successfully sought access to certain medical records does not mean an Ohio prosecutor could obtain the same records under the same circumstances. Every state has its own statutes, regulations, rules of evidence, and case law. National headlines often blur those distinctions. That is why it is dangerous to assume that what happens in another state’s courtroom reflects what would happen in an Ohio OVI case.
Litigating OVI Cases with Medical Records
What happens in an Ohio OVI case depends primarily on Ohio law. Each case requires a careful analysis of the applicable statutes, regulations, rules of evidence, constitutional protections, and the facts surrounding the medical records. For that reason, attorneys typically litigate disputes concerning medical records before those records are ever presented to a jury.
Disputes involving medical records can significantly affect the outcome of an OVI prosecution. For a driver who is charged with OVI and went to the hospital, an experienced Ohio OVI defense attorney can challenge the admissibility of the medical records, including the results of tests for alcohol and drug levels.