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

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.