I recently got arrested fo a dwi when I wasn't even drinking. I have diabetes and read that if my blood sugar was low that I would have giving a false reading. Does anyone know if this is true and where I can find some help?
2006-12-14 07:55:44 · 14 answers · asked by jtang42 1 in Health ➔ Diseases & Conditions ➔ Diabetes
The amount of glucose in your blood WILL NOT affect the reading on the acohol content. You need to query this with the police via a lawyer...;
2006-12-14 08:02:47 · answer #1 · answered by huggz 7 · 2⤊ 1⤋
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2016-09-13 21:20:23 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Did the officer check your breath alcohol level? Diabetes even with hypoglycemia does not cause a false positive breath alcohol test. Did the officer administer a field sobriety test? If you were hypoglycemic at the time you might very well have appeared 'drunk' and failed the test. If this is the case and you present documentation to the judge the DWI will in nearly all cases be dismissed. This is somewhat dependent upon your manner of treating you diabetes. When insulin is used the DWI should always be dismissed. If you are controlled with diet only however the charge may well stick. Wear a diabetes bracelet as physicians are trained to notice this and to take this into account if someone appears drunk. Carry information in your wallet which an officer will find with your diagnosis, medications, and an emergency contact. Good luck.
2006-12-14 09:39:13 · answer #3 · answered by john e russo md facm faafp 7 · 0⤊ 0⤋
There are multiple components to an answer for this question:
1) Symptoms of hypoglycemia (slurred speech, lack of coordination, confusion, agitation, erratic behaviour) can often be mistaken for intoxication. Such symptoms are less likely to be displayed by a hyperglycemic individual, but they can occur. These behaviours can lead to an individual being tested for intoxication via breathalyser.
2) Breathalyser results could be affected by the presence of ketone bodies in the breath of an uncontrolled diabetic. The odd, fruity, "acetone" odour of these ketones can also be mistaken for the odour of alcohol on the breath.
This presence of ketone bodies may indicate the occurrance of Diabetic Ketoacidosis, a very serious condition involving metabolic changes and instabilities (usually) resulting from extremely high blood glucose levels (hyperglycemia).
As others have said, you might want to contact a lawyer specialising in DUI cases, as he/she will most likely be familiar with the above information, and how it may relate to the DUI laws in your state and/or municipality. I'd also suggest either carrying a wallet card, or wearing a Medic-Alert bracelet or tag to tip off police and emergency personnel to your condition. Such a thing may save you a lot of hassle, if not your life, in the future.
Good luck!
2006-12-14 18:13:37 · answer #4 · answered by skipchat 1 · 0⤊ 0⤋
I know that diabetic comas and diabetic conditions are sometimes mistaken for DWI, though I don't know about the low sugar part of it giving a reading. You'd have to ask your lawyer.
2006-12-14 07:59:28 · answer #5 · answered by T J 6 · 1⤊ 0⤋
If your blood sugar was low, your body might have been making ketone bodies. Acetone (one of the ketone bodies) can be measured in the breath. According to several legal websites, it can also affect breathalyzer results. A good lawyer will have a field day with this in court. Good luck!
2006-12-14 08:10:33 · answer #6 · answered by Nicole B 5 · 0⤊ 0⤋
There was a similar case in California (The city of Clayton) about ten years ago. The police were pretty rough and there was a lawsuit over it. You can probably find archived information on it by contacting the local nespaper, the Contra Cost Times.
2006-12-14 08:04:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
In California the police will do a FST (field sobriety test). They make you walk a line etc. They also have you follow a pen with your eyes, a experienced officer can come pretty close to guessing what your blood alcohol is from this. I would get a copy of the police report and see what's in it.
2006-12-17 11:01:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes, it is definately true. I have a friend who has diabetes and had the same problem. It really depended on your reading, but if you can give medical documented proof to the court and have a witness say that you were not drinking, you should be fine, beucase that is what my friend did and he got off.
2006-12-14 08:02:49 · answer #9 · answered by Anonymous · 1⤊ 0⤋
When your blood sugar gets low, it can cause a smell of alcohol on your breath and body, as well as make you act drunk. However, it does not matter whether you used the "breathalyzer" or the blood test, they will not read any alcohol in your system. Sorry, but if you had a BAL (blood alcohol level) that was not .000, you had alcohol in your system.
2006-12-14 10:17:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋
I don't know how their detectors work, but what I do know is that somebody in hypoglycemia has a compound called acetone on his breath (sometimes you can even smell it).
You would have to find a specialist which can testify that acetone on the breath from hypoglycemia can set off a breathalizer.
I have not personnaly heard of such a report.
2006-12-14 08:08:01 · answer #11 · answered by Anonymous · 0⤊ 0⤋