Medical Attention After a Dedham OUI Arrest
If a person is involved in a car accident, EMTs respond to the scene and treat any injuries the person has. A person is entitled to be evaluated by a doctor at any time if they request it from the officers.
With respect to the breath test in Massachusetts, if someone takes a breath test and wants a comparison test, they are allowed to get their own independent medical evaluation. Discuss your case with a capable OUI lawyer who can address the important components of your defense.How Law Enforcement Determines the Need for Medical Attention
Often, there are obvious signs that a person needs medical attention after a Dedham OUI arrest. Aside from the person requesting medical care, an officer should be able to look at a person to determine whether their condition is related to alcohol or something medical such as diabetes. Many symptoms of alcohol intoxication can be confused with a diabetic episode. Sometimes, officers are not as knowledgeable as they should be in the medical field or specifically with diabetes. The officer should be able to make an assessment based on signs and symptoms that the person exhibits.Importance of Alerting a Lawyer of Lack of Medical Help
The observations of the arresting police officer are much of the foundation for an OUI charge. When an officer claims a person’s speech is slurred or the person walks with an unsteady gait, those issues could be attributed to an ongoing medical condition rather than the consumption of alcohol. It is important to determine whether the accused has an ongoing medical issue or had a medical issue at the time of their arrest and they were not permitted to seek medical treatment. Any of those observations of the officer could be explained by medical issues rather than the use of alcohol.How Not Receiving Medical Attention Can be Used as a Defense
A defense attorney can make the argument that because their client was not allowed to have a medical assessment, the prosecution cannot say beyond a reasonable doubt that any signs or symptoms observed at the scene of the arrest can be attributed to alcohol instead of a medical condition. The defense attorney can bring the issue up at trial and show the jurors or judge that, because a police officer did not do their due diligence when checking whether the person was experiencing a medical issue, the prosecutor cannot make the claim that the person’s condition was due to alcohol consumption.Understanding the Impact of Obtaining Medical Attention
When a person receives medical attention after a Dedham OUI arrest, it can help their case if there is something medical going on that could explain any symptoms commonly confused with signs of intoxication.
If a person has low blood sugar when the officer observes them, they may have slowed speech or delayed reaction. If the person is evaluated by a doctor who finds the person has low blood sugar, slow speech, or delayed reactions that are common symptoms of low blood sugar, that can help the person's case because the signs the officer observed were due to a medical condition.
On the other hand, if medical conditions are ruled out or if the person's blood is drawn at the hospital and shows a high blood alcohol reading, that can hurt the person’s case.Independent Blood and Urine Testing in Dedham OUI Cases
You are entitled to independent blood and urine testing in Dedham OUI cases after an arrest for operating a vehicle under the influence. For independent tests to be done, the defendant needs to choose a facility as soon as possible.
Anytime that the individual and attorney have reason to believe that the breath test is inaccurate for either medical reasons or the machine itself, then a skilled defense attorney might request an independent blood test.Treatment of a License Following a Blood Test
A person is not compelled in Massachusetts to take a blood test, so there is no penalty for refusing to take a blood test in an OUI case. There is a penalty for refusing a breath test. Massachusetts is an implied consent law state. This means, drivers consent to take a breath test when they drive their motor vehicle on the roads in Massachusetts. A breath test refusal results in a longer license suspension. If a person fails the test, there is a suspension as well; but it is a shorter suspension. The additional time is the penalty for refusing to take the breath test.Defining the Role of Implied Consent
A driver on the road impliedly consents to take a breath test when they drive on Massachusetts roads. That means that when someone drives on a Massachusetts road, it is presumed that they will submit to a breath test. Of course, they have the right to not take independent blood and urine testing in Dedham OUI cases. If they do that, the penalty is a longer license suspension.
Making a successful argument against implied consent is an uphill battle. It is a tough argument because the implied consent is for safety reasons. The court believes that driving can be dangerous and is not a right; it is a privilege. When a person uses that privilege, they must consent to take a breath test and not drink while driving.Reasons for Refusing a Breath Test
One justifiable reason to refuse a breath test is when a person has an ongoing medical issue. They physically cannot take the breath test. An example of a medical issue is chronic obstructive pulmonary disorder or COPD. A person with COPD does not have the lung capacity to submit a full breath sample. That happens sometimes with people who suffer from asthma.Likelihood of Enrolling in an OUI Alcohol Education Course
The first time a person refuses a breath test, they are noted in the system as a refusal and they receive a license suspension. Massachusetts does not require a person to enroll in a program based upon a refusal alone. That is not a requirement until they are convicted of an OUI or if they accept a plea on an OUI.Can Testing Results be Used as Evidence
Depending on the time frame, the blood tests would need to be taken within a close proximity to when the breath test was taken. As long as they are provided to both parties and were taken by a qualified medical professional, a lawyer could make the argument that they should be admissible as their exculpatory evidence for a person.