Typically, if someone is arrested for DUI, they are not going to be given any sort of medical attention. However, if there has been an automobile accident, law enforcement is required in the Charleston area to take the driver or person being accused of DUI to the hospital to be medically cleared before they are taken to jail.
It is important for a Charleston DUI lawyer to know if a person did not receive medical attention when they should have. Police failure to provide medical attention could severely hamper a prosecutor’s case and may allow a defendant to avoid significant penalties.
Law Enforcement Responsibility
Law enforcement is totally capable of evaluating a person in non-automobile accident situations and determining for themselves whether or not a medical intervention is necessary. It is an objective analysis, and officers have a responsibility to bring any potentially injured person to a hospital for medical attention.
In many cases, a person suspected of DUI who has been involved in an automobile accident may not be allowed to refuse treatment and will instead be sent to a hospital for at least a routine check-up before continuing with the arrest process.
Role of an Attorney
Oftentimes, lawyers will have their clients medically evaluated as soon as they are released from the jail after a DUI arrest so there may be an opportunity for them to gather information and have a medical expert render their own opinion about whether or not the person suffered a concussion, for example. If that medical opinion is rendered, then they have a very good chance of challenging the reliability of the field sobriety tests during the DUI arrest.
If there was an automobile accident, the fact that a person did not receive medical attention severely limits the government’s opportunity to argue that the defendant did not have a concussion or some other intervening medical issue that contributed to their performance on the field sobriety test.
Reach Out to a DUI Attorney After Receiving Medical Attention
It is important for a person charged with a DUI who received medical attention to contact a Charleston DUI lawyer. Usually, the lawyer will need that individual to recover all of their medical records as quickly as possible. An attorney may also want the defendant to receive a second opinion once they are released from jail.
Oftentimes, if a person is taken to the hospital after a DUI arrest but before being booked in at the jail, the law enforcement officer involved is going have preconceived notions about whether or not the individual is under the influence. That can have an adverse impact on a diagnosis by the medical person at the hospital. An experienced lawyer could schedule an independent evaluation after the fact to achieve a more accurate medical examination.
Contacting a DUI lawyer in Charleston is the first step to combatting a DUI charge following a serious accident. Reach out as soon as possible for legal representation.