Receiving Medical Attention After an Anne Arundel DUI
A person that is arrested for a DUI can receive medical attention if it is needed. If they are injured, sick, or there is any other circumstance that would require medical attention, they are entitled to receive medical assistance, even if they have been charged with a criminal offense. Someone who has been deprived of required medical attention should speak with an Anne Arundel DUI attorney to discuss how that can factor into their defense.
Importance of Receiving Appropriate Medical Attention
A police officer usually determines that medical attention is needed because the driver indicates that they require medical attention. It can be determined through other observations, such as, an obvious injury or if the person is unconscious. Those are situations where a police officer is obligated to call for medical attention.
It is important for the DUI lawyer to know if requested medical attention was not provided because it can or could have an impact on the case against the individual’s driver’s license. It could also impact the outcome of the criminal case, depending on the facts and circumstances, particularly, if the driver is charged with the refusal to submit to a Breathalyzer Test.
Failure to Provide Medical Attention as a Defense
Not receiving medical attention is not a defense to the charge of DUI, but it can cast doubt on certain evidence that is gathered after the request for medical attention and any other observation that the officer made. Not receiving medical attention can also explain bad driving. For example, if a person asks for medical attention immediately after having contact with a police officer, it can provide an alternate explanation to why someone was driving poorly or it could potentially explain other impediments. If Anne Arundel law enforcement officials prevented you from receiving required medical help, that can play a huge role in your defense if it impacts your coherence.
The impact on the case if a driver receives medical attention is a fact specific analysis for every individual case. Sometimes it will help a case if the driver has received medical attention. Other times, this could have a negative impact, but it is difficult for medical attention to hurt the case. It also may have no effect on the case. Making that determination requires considering a narrow fact specific analysis of the other circumstances surrounding the case.
Refusing Medical Attention
A person can refuse medical attention. The exception is when the police officer believes that someone’s life is in immediate danger. In general, however, an individual does have the right to refuse medical attention if the officers offer to provide it.
Another important fact to remember is that it is highly unlikely that an attorney would recommend that someone refuse medical attention. It is certainly possible, but to make that determination would again require a fact specific analysis. The general rule would be that if someone requires medical attention, they should tell the officer and if they do not require medical attention then they do not need to submit to it.