After a DUI arrest one of the first things that local law enforcement officials should do is make sure the person receives medical attention. Besides ensuring a person’s health and well-being, a person would also receive required medical attention due to drug or alcohol over-consumption. Receiving medical attention can affect the process of a DUI case, so it may be advisable to consult a local DUI lawyer in the Richmond area if there was a failure to provide medical attention after a DUI arrest.
A Richmond police officer usually determines if a person needs medical attention by assessing the scene when they arrive. In an accident case, if the person appears to have any sort of injuries when the police officer arrives, he or she will usually call for medical assistance on the scene. The officer will also call for medical assistance if the person is incoherent or appears under duress in a DUID or drug-related DUI situation
If a person does not receive medical attention when they should have, it is important for a lawyer to know because it could affect the outcome of their case. If necessary medical attention is not given, this could affect the person’s field tests, including an important blood alcohol test to determine intoxication levels
If a person has not received necessary medical attention, an attorney can raise that as a defense in showing that the lack of medical attention added to or caused poor performance on their field tests. An attorney can also argue that lack of necessary medical attention caused the person to make statements that they otherwise would not have made, or statements that contributed to their inability to communicate with the officer.
If a person receives medical attention, it can help them in communicating with the officer as to what may have occurred. Depending on what the medical issue is, it may be able to explain the unlawful driving that raised concerns of intoxication or drug use in the first place. However, medical attention can also hurt in many cases, since a blood test will be performed and the result of that blood test may indicate intoxication or drug use.
A person can refuse medical attention if the officer calls for it. However, if it is an issue regarding a blood alcohol test and the person refuses, the individual can be charged with a refusal, which could create further complications in their case.
It is generally unwise for a defense attorney to recommend someone refuse medical attention if they genuinely believe that a medical issue exists, such as a serious injury. It is in the person’s best long-term interest to receive medical attention so as to not create further medical complications. However, a person undergoing medical assistance will also undergo a blood alcohol test, which would show levels of alcohol or drug use.
It is very important if someone is charged with DUI and they received medical attention to speak with a lawyer. The attorney needs to know exactly what medical treatment was performed, and whether or not a blood alcohol test was administered. The attorney can help by analyzing those blood tests to determine the results and, more importantly, if they were done correctly.
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