Posts Tagged ‘Florida DUI Arrest Based on Physical Condition of Diabetes’

Florida DUI Arrest Based on Physical Condition of Diabetes

Thursday, April 7th, 2011

Diabetes is a severe debilitating and silent killer that affects the lives of millions of Americans.  Because obesity is a common cause of Type II diabetes, the number of people who suffer this serious disease is growing at a staggering rate.  Estimates place the number of people in the U.S. afflicted with this disorder as high as 20 percent.  Those afflicted with this disease suffer many negative adverse effects including serious cardiovascular disease.  While most people are aware of the adverse medical conditions caused by diabetes, few people expect one of the adverse effects of diabetes to be a DUI arrest.  However, diabetes can often be mistaken for intoxication during both field sobriety testing (FST) and breath testing.  Both of these types of tests are designed to test a hypothetical “average person.”  If you do not fit this basic assumption, you can find yourself arrested for DUI even if you have had little or nothing to drink.

When an officer stops you, he may ask you perform FSTs based on his observations prior and during the stop.  Typically, the offer will make personal observations during the stop, such as bloodshot eyes, slurred speech and the odor of alcohol.  FSTs are complex exercises that require dexterity, balance and coordination.  If someone is suffering from low blood sugar, they will typically be dizzy and confused, which can be mistaken for signs of being under the influence of alcohol.  Dizziness and confusion will also make it virtually impossible to perform well on FSTs.  Other medical or physical conditions that make someone differ from the mythical “average person” that may also hinder performance on FSTs include obesity, asthma or physical injury.

Breath tests are also likely to be inaccurate if a person has a physical condition like diabetes.  A breathalyzer does not actually measure the alcohol in one’s blood.  The device often mistakes other chemicals for alcohol.  If a person is diabetic, they may be suffering low blood sugar or hyperglycemia. Ketoacidosis is a common condition that accompanies hyperglycemia.  This physical condition promotes the production of acetones in a driver’s breath.  A breathalyzer cannot accurately distinguish acetones from alcohol and will often reveal that a driver is under the influence of alcohol when one has little or no blood alcohol in one’s system.

Diabetes is just one physical or health related condition that frequently leads to unjustified arrests for DUI.  If you are arrested for DUI, there are many similar reasons that your performance on FSTs or result of your breathalyzer test may be subject to challenge.  A DUI conviction in Florida can result in jail time, substantial fines, loss of driving privileges and other serious consequences.  Our experienced Florida DUI defense attorneys are just a phone call away.  We will assess your situation and advise you of the best available strategy for defending you against Florida DUI charges.

Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area

Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case.  Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).

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