Diabetes can trick an officer into thinking that you are intoxicated — and even result in a false positive breath test!
Diabetes can be incredibly hard to live with, between the need for regular testing, medication and a strict diet. But if you have diabetes, there is another risk that you may never have expected — the chance of being falsely accused of driving drunk!
The problem arises when a diabetic is hypoglycemic (low blood sugar) or is in a state of diabetic ketoacidosis (when the body produces too many ketones by burning fat for energy). When a person is hypoglycemic, the symptoms can mimic being drunk. And if a person is in a state of ketosis, then they can have false positive breath test results. Both of these situations may led to a diabetic person being unfairly arrested on suspicion of driving under the influence of alcohol.
If you have been charged with a DUI and you have diabetes, a Riverside DUI lawyer can help to defend you against these charges — including arguing to the court that the officers mistook your diabetes for intoxication.
How Diabetes Can Lead to A False Arrest
When a person is diabetic, there is an increased possibility of them having physical conditions that can either look like intoxication or can register positive breath alcohol readings. Both of these things can lead to an unfair DUI charge.
First, if a person with diabetes can become hypoglycemic, which occurs when their blood sugar gets too low. This commonly happens when a person skips a meal, takes too much insulin by accident or even if a diabetic exercises too much. The symptoms of hypoglycemia can mimic those of being drunk — such as slurred speech, clumsiness, drowsiness and confusion. If a person with diabetes experiences hypoglycemia while driving, he or she may appear to be drunk to a police officer, even if he or she is completely sober. That can lead to an unfair arrest and charges for driving under the influence.
Second, a diabetic may also produce too many ketones when their body goes into a state of diabetic ketoacidosis. This happens when a person’s body cannot use glucose or sugar for fuel, so it burns fat instead (this also happens to people on low carb diets). The process of breaking down fat in the liver produces a waste known as ketones, which are excreted in the urine and the breath. The symptoms of ketoacidosis can also mimic being drunk, such as a reddened face, nausea, confusion and poor coordination. What’s more, ketones on your breath can register on a chemical breath test — leading to a false positive blood alcohol content reading.
If you have been charged with a DUI and you are diabetic, you may be able to fight the charges with the help of a skilled Riverside DUI lawyer. At the Chambers Law Firm, we are experienced in defending people against unfair DUI charges. We know the law and the science behind DUIs, and we will fight to protect our clients’ rights. If you’re diabetic, we will present scientific evidence to show how your arrest could have been based on symptoms and effects of diabetes — not on you being drunk. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
