Being pulled over for a DWI or DUI in Louisiana is no fun and games, yet police stop and arrest many who have not even touched a drop of alcohol and gotten behind the wheel when the only thing they are guilty of is having a medical condition. Some may find themselves facing DWI charges after having had just one or two drinks at dinner hours earlier. Even minimal alcohol consumption can lead to DUI charges, especially for commercial driver’s license (CDL) holders who face stricter regulations.
Errors during the arrest process, such as mishandling Miranda rights or field sobriety tests, can significantly impact the case, making it crucial to have a knowledgeable DUI attorney.
Many conditions can mimic the effects of alcohol at inopportune times, which is why it’s so important to work with a sharp DUI attorney with a keen understanding of breathalyzer test procedures to defend your case.
- Understanding Medical Defenses
- Diabetes and Related Medical Conditions
- Heartburn, Acid Reflux, and GERD: Understanding the Medical Condition
- Neurological Disorders and DUI Defenses
- Sleep Disorders and DUI Defenses
- Challenging DUI Charges
- Working with a DUI Attorney: How Can We Help?
- Charged With a DUI Due to a Medical Condition? An Attorney From John D. & Eric G. Johnson Law Firm
Introduction to DUI Defenses
DUI defenses are crucial in protecting individuals from wrongful convictions and severe penalties. A skilled DUI attorney can help navigate the complexities of DUI cases and develop a robust defense strategy. Medical conditions, such as diabetes, neurological disorders, and brain injuries, can be mistaken for signs of impairment, leading to wrongful DUI arrests.
Understanding how these mistakes occur and the medical conditions that can be mistaken for intoxication is essential for building a strong defense. Law enforcement officers must perform basic medical evaluations during their efforts to enforce impaired driving statutes, and officers will take information they have about how alcohol and other drugs affect the human body and compare that information to the behavior of drivers stopped for enforcement purposes.
Understanding Medical Defenses
Medical defenses are a crucial aspect of DUI cases, as they can help establish that a driver’s impairment was not caused by alcohol or drugs, but rather by a legitimate medical condition.
These defenses can be particularly effective in cases where the driver’s medical history is well-documented and can be corroborated by expert testimony. Having legal counsel is essential to navigate these complexities and ensure that all relevant medical evidence is properly presented.
A skilled DUI attorney can help navigate the complexities of medical defenses and present compelling arguments to challenge the prosecution’s claims. By demonstrating that the observed impairments were due to a medical condition rather than alcohol impairment, a knowledgeable attorney can significantly impact the outcome of a DUI case. Additionally, they can challenge the prosecution’s claims by presenting medical evidence that supports the defense, thereby undermining the prosecution’s arguments and influencing the case outcome.
Diabetes and Related Medical Conditions
About 15-20% of drivers on the road at any given time have diabetes. Diabetes affects the breakdown of glucose, or sugar, in the body. Hypoglycemia, or abnormally low levels of blood sugar in the body, can often stem from diabetes treatment. When a person with diabetes enters a low blood sugar episode, they may experience many symptoms that are similar to the signs police use to identify a drunk driver. These include dizziness, blurred vision, slurred speech, weakness, loss of coordination, confusion, anxiety, and even a slight smell of alcohol on the breath.
Without taking the time to consider whether or not the driver is indeed under the influence of alcohol or drugs, the officer often arrests the suspect after failing roadside sobriety tests. At the station, the DUI suspect must then blow into the Intoxilyzer 5000, the state-approved breath test device that produces results allowed as evidence in court.
Even this test will fail to differentiate between diabetes and intoxication, as the machine relies on infrared light absorption to detect chemical compounds that contain the “methyl” group in their molecular structure. One such compound is acetone. Diabetes patients suffering from hypoglycemia produce acetone in their breath when they enter ketoacidosis, a serious complication where the body produces excess blood acids. This can lead to inaccurate blood alcohol concentration (BAC) readings, complicating DUI cases for individuals with diabetes.
Additionally, the proper handling and preservation of blood samples are crucial to ensure accurate test results and avoid contamination that could further compromise the reliability of the evidence.
Heartburn, Acid Reflux, and GERD: Understanding the Medical Condition
Heartburn, acid reflux, and gastroesophageal reflux disease (GERD) are all conditions that can lead to inaccurate blood alcohol content tests. These medical conditions can mislead the machine that takes the test and impact test outcomes by causing false positives in breathalyzer tests.
If you are pulled over for DUI and have had a few drinks earlier, but nowhere near the amount necessary to place you over the limit, having one of these medical conditions can cause the test to detect a much higher level of alcohol than is actually present. This is due to a phenomenon called mouth alcohol, in which some of the alcohol in your stomach can come back up the esophagus, leading to a falsely high positive test result.
Neurological Disorders and DUI Defenses
Neurological disorders, such as Parkinson’s disease, multiple sclerosis, and cerebral palsy, can cause physical impairments that affect a person’s ability to drive safely. Symptoms like tremors, muscle rigidity, and balance issues can lead to impaired coordination and control, which can be mistaken for signs of intoxication.
A knowledgeable DUI attorney can gather medical evidence to establish that the observed impairments were due to the underlying neurological condition and not intoxication. Medical professionals can provide expert testimony to support the defense, explaining how certain medical conditions and medications can lead to false positives in DUI tests. By presenting detailed medical records and expert testimony, the attorney can effectively argue that the driver’s condition, rather than alcohol or drugs, was responsible for their behavior during the DUI arrest.
Sleep Disorders and DUI Defenses
Sleep disorders, such as narcolepsy and sleep apnea, can lead to excessive daytime sleepiness and sudden lapses in alertness while driving. These conditions can result in impaired driving, similar to that caused by alcohol or drugs. A skilled lawyer can argue that the accused’s erratic driving was a result of their sleep disorder and not substance impairment. Seeking legal representation is crucial in these cases to navigate the complexities and ensure the best possible outcome.
Medical evidence, such as sleep study results and expert testimony, can be used to support this defense. By demonstrating that the driver’s condition was the cause of their impaired driving rather than alcohol impairment, a knowledgeable DUI attorney can help mitigate the significant legal consequences of a DUI charge. Without a strong defense, individuals may face serious consequences, including wrongful DUI charges and severe penalties that can impact their lives permanently.
Medical Records and DUI Cases
Medical records play a vital role in DUI cases, particularly when a medical condition is used as a defense. Obtaining comprehensive medical records is essential in presenting medical evidence to challenge the prosecution’s claims.
A knowledgeable DUI attorney can help gather relevant medical records and expert testimony to support a medical defense. Medical conditions like diabetes, neurological disorders, and brain injuries can produce symptoms that mimic intoxication, leading to wrongful DUI arrests. By presenting medical evidence, a skilled DUI attorney can demonstrate that the symptoms observed during a traffic stop were due to a medical condition rather than impairment.
Signs of Impairment
Signs of impairment, such as slurred speech, balance issues, and impaired coordination, can be mistaken for symptoms of a medical condition. Law enforcement officers must be trained to recognize the difference between neurological symptoms and signs of intoxication. However, even with proper training, mistakes can occur, leading to wrongful DUI arrests. A skilled DUI attorney can challenge the prosecution’s claims by presenting medical evidence and expert testimony to demonstrate that the observed symptoms were due to a medical condition rather than impairment. Medical conditions like gastroesophageal reflux disease (GERD) and acid reflux can cause symptoms that are easily mistaken for signs of intoxication.
Test Results and Medical Conditions
Test results, including breathalyzer tests and blood tests, can be affected by certain medical conditions. Medical conditions like diabetes and neurological disorders can produce false positives, leading to wrongful DUI arrests. A skilled DUI attorney can challenge the accuracy of test results by presenting medical evidence and expert testimony. By demonstrating that a medical condition can affect test results, a knowledgeable DUI attorney can create reasonable doubt and challenge the prosecution’s case.
Additionally, certain medical conditions, such as multiple sclerosis, can significantly affect an individual’s ability to perform field sobriety tests, leading to wrongful DUI arrests. A comprehensive medical records review and expert testimony can help support a medical defense and challenge the prosecution’s claims.
Challenging DUI Charges
Challenging DUI charges requires a thorough understanding of the law and the evidence presented against the defendant. A skilled DUI attorney can review the case, identify potential weaknesses in the prosecution’s argument, and develop a strong defense strategy. This may involve challenging the accuracy of field sobriety tests, breathalyzer results, or blood tests, as well as presenting medical evidence to support a medical defense. Procedure violations, such as failures in administering tests or following legal protocols by law enforcement, can also be used to challenge the evidence presented by the prosecution.
By meticulously examining the evidence and presenting a well-constructed argument, an experienced DUI attorney can effectively challenge the prosecution’s case and work towards a favorable outcome for the defendant.
Working with a DUI Attorney: How Can We Help?
Working with a DUI attorney who has experience handling medical defenses can be crucial in achieving a positive outcome in a DUI case. An experienced attorney can effectively challenge field sobriety test results and demonstrate how medical conditions may mimic intoxication, ultimately safeguarding the defendant’s rights. A knowledgeable attorney can help navigate the complexities of medical defenses, gather relevant medical records, and present compelling arguments to challenge the prosecution’s claims.
By seeking professional legal representation, individuals can ensure that their rights are protected and that their case is presented effectively. A skilled attorney will be well-versed in the nuances of medical conditions and how they can impact DUI charges, providing the best possible defense for their clients.
Charged With a DUI Due to a Medical Condition? An Attorney From John D. & Eric G. Johnson Law Firm
When you face DWI/ DUI charges in Louisiana, you need tough legal representation. A lawyer from John D. & Eric G. Johnson Law Firm may be an excellent choice, especially if you are feeling stressed or challenged due to legal matters. If you hold a commercial driver’s license, the implications of a DUI charge can be even more severe, making experienced legal representation crucial.
Attorney Eric G. Johnson thoroughly investigates each case to ensure you get the best results possible. For over 24 years, Eric has dedicated his legal career to criminal defense. The firm can help you navigate the legal process, defending your rights and working towards the best possible outcome. Call The John D. & Eric G. Johnson Law Firm at (318) 377-1555 or contact us online for a confidential consultation.