Diabetes May Cause False Drunk Driving Charges [infographic]

While breathalyzers are considered to be reliable tests for blood alcohol levels, they may return false positive results for people who have diabetes. Diabetics may be falsely charged with drunk driving charges because breathalyzers mistake acetone on their breath with ethylene glycol. Police officers may also believe that drivers who are showing the symptoms of low blood sugar are intoxicated when they are actually having medical emergencies. A Minneapolis DWI attorney recommends that diabetic drivers who have not been drinking tell the officers who pull them over for DWI that they have diabetes and request blood tests instead of breathalyzers.

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Why Breathalyzers Give False Positives for People With Diabetes

Diabetes is a common condition, affecting between 15 to 20 percent of people. The incidence of the disease has increased, meaning that there are now more people on the roads who have it. When drivers with diabetes suffer from low blood sugar, they experience ketoacidosis. This state involves the production of acetones that are measurable in the breath. Many breathalyzers rely on infrared lights to give their results, and the lights look for the presence of methyl groups, which are present in ethyl alcohol. Acetone also contains methyl groups and consequently may lead to breathalyzer results that indicate that diabetic drivers are drunk even when they haven’t drunk any alcohol at all.

Other Symptoms

When diabetics suffer from hypoglycemia, they may initially have symptoms that are similar to those demonstrated by intoxicated people. When blood glucose levels drop, people may have confusion, slurred speech, poor coordination, dizziness and blurred vision. This may lead them to weave or swerve on the road and officers to pull them over. When the officers then ask the drivers to perform the standardized sobriety tests, the people often fail because of their loss of coordination. In an article that was published in 2003 in the journal Medical and Toxicological Information Review, a doctor stated that low blood glucose levels are often confused with drunk driving in the nation and may be involved in accidents in addition to DWIs. In addition to diabetes, others may also suffer from hypoglycemia sometimes, including people who are on low-carbohydrate diets or who have been fasting.

People who have the symptoms of hypoglycemia should pull over as soon as they start feeling bad. A Minneapolis DWI attorney believes that law enforcement agencies should be educated about diabetes and how it might be confused with drunk driving.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.