Alcohol & Drugs: DUI, DWI DUI/Medical Assistance

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simplegirl2010

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Is it Right?
What is the name of your state (only U.S. law)? New Hampshire

I was driving home after a meeting and was pulled over next a construction zone for "hitting a guard rail". I told the police officer that I did not and there was no damage on my truck. They proceeded to give me the battery of field sobriety tests. I have been diagnosed with Panic Disorder, Anxiety Disorder, ADHD and major Depression. As soon as I saw the lights, I began to feel the panic onset. During the sobriety tests, my mind was racing and I started to feel hyperventilating start. I had to do the tests right next to the construction area with all the machines and men watching and the noise was overwhelming. I was wearing heels and had no jacket during this time.

The officer that had pulled me over asked me to take a blood alcohol test. I said no because under confusion caused by panic (If anybody has a panic disorder you know the irrational thoughts) because I thought that they were going to draw my blood on the side of the road. Following this, I was arrested and placed into the car. They had asked me about medical conditions and any medications and I had told them that they were in the vehicle and told them about my mental health.

They did not take my medications from the vehicle and proceeded to impound it without allowing me to have access to them.

On the way to the facility, I started to sweat and feel the onset of an extreme panic attack. I was placed into a holding cell, booked and then locked back in. At that point, I was left alone. I started to seriously hyperventilate at that point, was yelling for medical assistance and was having suicidal thoughts. I was confused and felt that I was having a heart attack. I continued to try to get someone's attention but no one came.

At the point where I was curled up and rocking on the floor, an officer finally came with the person that was picking me up. I was disoriented, talked to my therapist and was to the point where they thought that I needed to go to the hospital. I went home and was under suicide watch by a friend.

I was unable to get my medication that day and had to go without it until I found transportation to the impound thus adding further to the situation.

My question is this: I had not been drinking but because of the panic attack they were under the impression that I had. I feel that I needed medical assistance while I was in the holding cell and had no officer within the vicinity to get me to a hospital. I had no medication and no help in this unit which led me to have a very serious breakdown following this incident which was observed by my therapist and psychiatrist. I am looking for a lawyer but I do not even know if this situation will even matter.

Will the court see that I was neglected in the holding cell and that my medical conditions were to assessed correctly? With panic disorder, rational thoughts are nearly impossible and will this impact the decision to convict me?

I was offered a plea but turned it down because I feel that I was not going to plead to something that I am not guilty of but I don't know if I made the wrong choice in trying the fight the system.

Does anyone have any experience with this? Was I treated fairly in custody? How can I begin to prove that I was wrongfully accused? Do you feel, with your knowledge, that I have a high probability of facing a conviction for this?

Thank you for your time. I am just at my wits end with this. I am a full time student that is graduating this year and I can't afford to have this on my record with my career choice.

Again, thank you for any input that you may have.
 
A blood test would have been in your best interests. Speak with a local lawyer to discuss your trial options. The jail should have a recording of your booking and subsequent confinement. Your lawyer could subpoena that for use in your defense. If you can't afford a lawyer, you can ask the court to appoint one for you. You'll also have to arrange for your therapist to testify at trial bfeore a jury about your mental and medical condition. The police did nothing untoward, from what you relate. But, your lawyer can best advise you about that.
Speak to a lawyer (or seek a court appointed one) ASAP!


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You were treated fairly in custody.
You might be surprised to learn how many people that end up in jail suddenly develop medical problems and need to go to the hospital. I'm not saying you were making a false claim, I am saying that your demand for attention did not necessarily stand out as something that needed to be addressed. When you are in jail, so long as you are breathing and not bleeding, there is no emergency. They would certainly take you to the hospital if you had a medical emergency. If they believed you to be drunk then that just might account for why they disregarded your pleas. A frustrating experience for you, but nothing you said jumps out as something that would be inappropriate on the part of the jail staff.
Once at the jail did you give a blood sample or take a breath test? If they never did this and have no measure of alcohol in your system then the DUI won't stick. It is possible to get a DUI for having other drugs in your system though... so long as they don't find something that isn't prescribed for you then you should be ok.. unless any of those drugs require that you don't operate a vehicle.
If a blood/breath test was never done then you certainly should not accept a plea deal. If a test was done, then the results of that test should indicate how you should proceed.
Bottom line- if you were not intoxicated then you should have submitted to the breath test. Having seen other symptoms already, your refusal to take the test is all the reason needed to take you into custody, at which time they will get one anyway. Refusing the test only works as a stalling tactic if you think the slight delay might allow enough time for your BAC to drop under the limit... which isn't likely, but possible.

You frustrations over treatment in the jail won't amount to anything. Do yourself a favor and let that go. Your arrest was legitimate if the officer observed symptoms of possible intoxication.

The only thing you need to focus on is the charge against you and consider what evidence they have to prove it. If they have evidence, take the deal and minimize your damages. If they have no evidence then defend yourself in court. If they have no evidence they may even just drop the charges if your refuse the deal.
 
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