If someone is arrested for a DUI in Loudoun County and the officer has reason to believe that they are in medical distress or if they request medical attention, then they will be provided medical attention in a timely manner.
However, the failure to receive timely medical attention is not a defense to the underlying DUI or DUID case. If, however, someone were suffering from a medical emergency and that was misinterpreted as being under the influence or intoxicated, then that medical emergency may be used to help explain the individuals behavior at the time of their driving or at the time of their arrest.
Officers and medical professionals are trained in reading people, reading situations, and understanding when medical attention is needed. If a person is acting unusual, there is bizarre behavior, or there is a physical indication that they may not be well, it is common for officers to take that person to the hospital and request emergency medical attention. Police officers also look for physical signs, mental clues, and non-responsiveness in answers to questions in determining whether medical attention is needed. Some of the physical signs that a medical emergency is occurring are excess or lack of sweat, body smell, excessive body temperature, bleeding, or discharge.
Someone can always refuse medical attention, they have the right to do so, however, if a person needs medical attention, it is always in their best interest to receive that medical attention in a timely manner.
A defense attorney would never recommend that a person refuse medical attention when it is needed.
Failure to receive medical attention is not a defense to whether or not someone was committing DUI or DUID. However, if the person subsequently receives medical attention and it is noted that the person was suffering a medical emergency, prior to receiving the attention, it can certainly be used as a part of the defense.
For example, if someone is suffering from a voluntary drug overdose and they are detoxifying and do not receive timely medical attention, their failure to receive that timely medical attention will be a defense against their DUI charge. However, while this may effect the weight of the offense, it is not going to be an absolute defense for the case.
If a person receives emergency medical attention, there may be important clues available in the medical records that would be discoverable through the use of health authorities or other medical records. In addition, while receiving medical attention, an individual may have created more witnesses that have some documentation of their physical characteristics shortly near the time of their arrest, their ability to answer questions responsively, and/or any tests that were done to show certain impairments. All of this could be useful evidence for someone charged with a DUI, and it is important to have an attorney, who is familiar with the process, to get the medical records in all these cases.
Northern Virginia Criminal Defense Group
