There are, unfortunately, many situations in which a person can be charged with a DUI who has not actually been driving while drinking. One of those situations is when a person who is diabetic is unfairly charged and convicted of DUI. Keep reading to learn how this can happen and then contact Chambers Law Firm at 714-760-4088 if you are facing a DUI charge and require a free consultation with a criminal defense attorney.
Hypoglycemia Can Look Like Intoxication
A diabetic person might often experience hypoglycemia, which involves their blood sugar being too low. The symptoms of this condition can look a lot like a person being intoxicated and can eventually lead to a police officer pulling over a person and suspecting them of driving while under the influence of alcohol.
Ketosis Can Lead to a False Positive on a Breathalyzer Test
Likewise, a person who is diabetic often goes into a condition called ketosis, which involves them producing extra ketones. These are the waste substances that the liver creates when the body burns fat that it has been storing for energy. The ketones can be excreted via the breath, which can cause a DUI test to show a false positive for drunk driving.
Diabetics Are Not the Only Ones Who Can Be in Ketosis
While diabetics can be in ketosis, they are not the only ones. People on diets that are very high in protein and very low in carbs, such as the Atkins or paleo diets, can also produce ketones, which could also lead to breathalyzers stating that they were drunk when they were not.
You Do Not Have to Be an Expert on How Diabetes Affects DUI Cases
If you work with an experienced DUI attorney, they will know that diabetes can impact a DUI case and how to show that it might be the case in your arrest. In some cases, we can talk directly to the prosecutor, perhaps with the help of a diabetes expert, to show that you were not under the influence but that your diabetes is the cause. This could result in the charges being reduced or even dismissed.
If they are not willing to take this information into consideration, we can introduce it as evidence to show a jury.
Call Now if You Have Been Arrested for a DUI and You Have Diabetes
If you have diabetes or follow a high protein diet, contact Chambers Law Firm at 714-760-4088 for help. We are here to carefully consider your case and find the best way to defend you. Call now, and we can get started right away.
