Medical Attention Following a Virginia DUI Arrest 

Being arrested for a DUI can be a nerve-wracking experience. Post DUI arrest, your first instinct might not be to seek medical treatment but, receiving medical attention following a Virginia DUI arrest can impact your case. A qualified DUI lawyer can look at whether you received treatment or not, along with the other aspects of your case, and possibly use it all to bolster your defense. If you have been arrested for a DUI, contact an attorney today and know that you are in capable hands.

Expectations Following an Arrest

It is expected that a person will receive medical attention following a Virginia DUI arrest. After a person is arrested and they are brought to the jail, they are always evaluated by jail staff for any medical issues that they might have that require treatment. So, if they require medical attention, they will be treated accordingly. If the DUI is preceded by an accident that involves some kind of injury to the person being charged, as a general rule, they are going take that person straight to the hospital and either arrest that person at the hospital or wait until they are released.

Police officers have very limited medical training. Obviously, they are trained in first aid and things of that nature, but they are not EMTs or medical personnel. Often, law enforcement ascertains whether someone needs medical attention the same way a regular citizen would: with their eyes. If the person is claiming some sort of medical issue, and they often will, in order to make sure that person is not going to suffer greatly while in their custody, they will call EMTs to the scene.

How Receiving Medical Attention Can Impact a Case

If a person is suffering from some sort of medical issue, whether it be a physical injury or otherwise, and they are not properly treated, that certainly could impact the case. For example, the officer’s investigation typically involves some interaction with the person, both on a verbal and physical scale, meaning field sobriety tests and things of that nature. So, if a person requires medical attention following a Virginia DUI arrest and that is not provided for them prior to the police conducting their investigation, then certainly that would be relevant as to how reliable the officer’s investigation result might be. Because whatever the medical issue might have been could impact the reliability of field sobriety test or anything else for that matter.

Refusing Medical Attention

A person certainly can refuse medical attention. They do not have to be treated by a physician or EMT if they do not want to.  It is unlikely that a defense attorney would recommend that a person should refuse medical attention.  The reason why is because a person’s health is the most important thing. If they feel as though they are having a medical issue they should always be treated for that. And, frankly, if there is a medical issue, it could help a person’s case rather than hurt it.

Using a Lack of Medical Attention in a Defense

If a person is injured during a traffic accident, or if they are suffering from some sort of medical issue at the time the police are investigating, and the police do not have that person treated, it would clearly be something to look at whether or not the medical issue or physical issue impacted how the police investigated. If a person has sprained an ankle or broken a foot, or something like that, and the police are asking them to do a one-leg stand or a walk and turn test, those results are going to be bad, with good and justifiable reason.

That being said, receiving medical attention following a Virginia DUI arrest helps tremendously because the defense will have documentation from an unbiased person that gives insight into what was going on with the person at the time that they were driving, or at the time they were arrested. That could lead to reasonable doubt as to what it was, exactly, that was the problem on the day or night that they were charged.

Importance of Contacting a Lawyer

DUIs are complicated cases and anything that is outside what is considered to be the norm is something that requires an attorney with experience. If a person has received medical attention following a DUI arrest, it is clearly outside of the norm. Having an attorney who can examine the specific facts surrounding your arrest can be helpful when you are trying to build a defense. Especially considering that things that might seem normal to you, could have a significant impact on the facts of your case. If you have been arrested for a DUI, speak with a thorough lawyer who can work diligently to build your case.