Diabetics and California DUI Laws

Can Diabetes Cause a False Positive on a Breathalyzer?

Can Diabetes Cause a False Positive on a Breathalyzer?

Medical conditions, such as diabetes, can result in false positives on a breathalyzer test. The consequences of a false positive breath test are severe. They can include a DUI arrest, an automatic driver’s license suspension, large fines, and possible jail time. If you operate a vehicle with a medical condition that does not affect your driving, you should know how it can impact your breathalyzer results.

What Does a Breathalyzer Test?

A DUI breath test is an attempt to measure your blood alcohol concentration (BAC). Breathalyzer exams can either be given on the side of the road as a preliminary alcohol screening (PAS) or at a police station.

Only the more formal, station administered test results can be used as evidence against you in a trial for DUI charges. Both tests are trying to determine if your BAC is above the legal limit for operating a vehicle. In California, the legal limit for adults over 21 years old driving their personal car is 0.08%. There are lower limits for those under 21 years of age or people driving commercial autos.

How Does Diabetes Affect a Breathalyzer?

Diabetics are prone to a medical condition known as ketosis. Essentially, a body experiencing ketosis has a liver that overly produces a waste substance. This waste product is known as ketones, and excessive ketones can end up as particles in your breath. As particles, they can trick a breathalyzer into believing your BAC is higher than it actually is.

If the excessive ketones produced by your body register on a breath test, you may be arrested for a DUI despite actually having a BAC below the legal limit. You will then need an experienced criminal defense team to argue that the breathalyzer test should be disregarded. Being a diabetic should not lead to you facing the consequences of an unjust DUI.

Diabetic Hypoglycemia Can Result in a DUI Arrest

In addition to ketosis, diabetics can suffer from hypoglycemia, which is a condition where your blood sugar drops to an unsafe level.

Hypoglycemia can result from:

  • Injecting extra insulin
  • Going too long without proper meals
  • Overdoing your exercise routine

If you have a sudden drop in blood sugar levels, your actions can quickly and easily resemble drunkenness.

California law allows law enforcement to arrest anyone they suspect of driving a car under the influence of drugs and alcohol. You do not have to register a BAC above the legal limit to face DUI charges. If the police judge you cannot drive as a sober person would, you can be arrested.

This can lead to problems for diabetics experiencing hypoglycemia. Some of the symptoms of low blood sugar include:

  • Shaking
  • Sweating
  • Clumsy movements
  • Speaking with slurred words
  • Confusion
  • Sleepiness

All of those symptoms can also result from intoxication. It is easy for a police officer to mistake your hypoglycemia for being drunk or on drugs. Therefore, if you are pulled over during a low blood sugar incident, you might end up under arrest for an unwarranted DUI.

If you are a diabetic who has been charged with a DUI in Long Beach, California, the best thing you can do is retain skilled attorneys to fight the charges against you. The Chambers Law Firm has been helping people facing DUI charges for years, and our seasoned attorneys know how to make the most compelling arguments on your behalf. Schedule a free consultation with a member of our legal team by calling 714-760-4088 or emailing info@orangecountyduifirm.com today.

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