Diabetes and DUI Defense
Breath and blood alcohol analysis in DUI proceedings is based on various
assumptions including an assumption that the defendant is an average person
with an average physiology. Likewise, when a police officer is assessing
a persons sobriety in the field prior to arrest, the police officer is
comparing that persons objective symptoms of potential impairment to a
"normal", healthy, average person.
However, DUI suspects sometimes suffer from physical or mental issues that may explain observed symptoms independant of alcohol consumption. One example is the effects of hypoglycemia. Typical symptoms of a diabetic attack can include dizziness, confusion, slurred speech and a loss of coordination. These symptoms can easily be attributed to alcohol impairment by a police officer who is focussed on a DUI arrest.
Even a healthy person who has not eaten for at least twenty four hours may exhibit these symptoms because of low blood sugar levels.
It is important for any
DUI defense attorney to question a client about his or her health. The defendant may suffer
from medical conditions which he or she does not necessarily know could
be relevant to their case. Common medical conditions may have an impact
on the defense of the case, such as asthma, acid reflux, old physical
injuries, or dental issues.
DUI defense often involves the presentation of possible alternative explanations for the evidence presented by the prosecution. Circumstantial evidence such as slurred speech, red and watery eyes or unsteady gait can often be explained by reference to existing medical or physical attributes.
Los Angeles DUI Lawyers Jeffrey Gold and Nigel Witham have many years of experience in defending DUI charges in Southern California Courts. If you have any questions about DUI defense in California, please call for a free consultation.