When will you be arrested in a drunk driving accident where medical attention is needed?

Asked about 1 year ago - Fairhaven, MA

Before being brought to a hospital, at the hospital, before leaving the hospital or days later?

Attorney answers (4)

  1. Michael Howard Erlich


    Contributor Level 12


    Lawyers agree

    Answered . All of the above are possible and depending on seriousness of accident
    Likely the operator will be summonsed to court rather than arrested

    Attorney Michael H. Erlich Eden, Rafferty, Tetreau & Erlich 238 Shrewsbury Street Worcester, MA 01604... more
  2. Ilir Kavaja

    Contributor Level 15


    Lawyers agree

    Answered . You will likely receive a summons to be arraigned. However, you may be arrested depending on the seriousness of the event. I suggest you retain counsel asap to go over things with you and to obtain more info. If there was a blood test done, the police or prosecution may obtain it. You can always fight it.

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created... more
  3. David C. Newton


    Contributor Level 14


    Lawyers agree

    Answered . All is possible, it really is up to the police on how they proceed. Often they will later summons the person for convenience. Either way, hire a DUI defense attorney.

    This is not intended as legal advice and does not create an attorney-client relationship.
  4. Robert E. Winer

    Contributor Level 4

    Answered . Generally, if you require inmmediate medical attention, ie. ambulance ride, the police will forgo an arrest and summons you into court. Once the police formally arrest someone they have to guard the person at the hospital, which they don't want to be tied up with, so they will generally summons. The exception is when there's a fatality or other high profile reason where the party may be a flight risk. An arrest is a procedure for identifying someone (photograghing, printing, entering data into the system) that may ignore a summons or may not be otherwise reached for arraingnment. That being said, one generally wouldn't be arrested who needs medical attention unless that person couldn't be issued a summons instead.

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI arrest

A DUI arrest must be based on probable cause: the officer must have enough evidence to arrest, as determined by a combination of factors.

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