In certain scenarios, an individual will be given access to medical attention following a DUI arrest in Michigan. For example, if they were injured in an accident, the officer could have the person taken to a hospital to be examined. Someone might also receive medical attention if his or her BAC is very high or if they appears to be injured, incoherent, or unconscious. There could be some serious long-term medical consequences if someone is not properly examined by a medical professional for injuries, however, an individual is allowed to refuse medical attention.
If you received medical attention following a Michigan DWI, contact a Michigan DUI attorney to begin building a DUI defense.
If someone receives medical attention at a hospital following a DUI and a blood sample is taken, their blood BAC could be used as evidence against him or her at trial. There also could be statements made for the purposes of medical treatment to a medical professional, which could potentially be introduced at trial against the defendant.
There are some possible negative consequences that could flow from someone receiving medical attention, but, if someone’s health is endangered and he or she is being properly examined and treated, it could be very beneficial to that person’s physical well-being.
It could also be helpful to the defense as well. In cases where it is alleged that someone seemed incoherent, a medical professional could testify that this should be attributed to the severity of the injuries rather than intoxication. A breath test could also be questioned if the medical examination revealed that there was blood in the mouth that could have contaminated the breath sample and increased the breath test result.
A DUI Defense Lawyer’s Stance
Our greatest goal for our clients is their all-around well-being. While we are working on behalf of their legal well-being, we generally believe that it is not a good idea to refuse medical attention. A medical professional might find something is wrong that the client may not have been able to discover it on his or her own.
If a person does not medical attention when they should have, it is important for your Michigan DUI lawyer to know. It would show that the officer was not caring which could be important in a jury trial because the case would be decided by regular people. This can call into question the character of an officer who saw a person with serious injuries and was more concerned with making an arrest than getting them necessary medical treatment, and sway a jury to a more favorable outcome for the defendant.
In addition, it may lead to a more favorable plea deal with the prosecutor. They will likely recognize how the officer’s actions could cause the jury to be more lenient with an individual and might impact the prosecutor’s decision on plea negotiations.
You may believe that there is nothing that can be done about your case because the test results indicate that your breath or blood alcohol level was something above the legal limit, however, an attorney can help. There could be issues with your injuries that allow us to challenge those test results and be helpful in demonstrating that your behavior was more of a result from the injuries sustained than from being drunk.