Legal Question in DUI Law in California

I was arrested for DUI and have diabetes and was having insulin reaction before I gave blood. Medics confirmed it was before an intoxication level was given. Can I get out of DUI bc of that?


Asked on 3/16/13, 7:58 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy D.A., and a Certified Criminal law Specialist, I can only say that it's a good start for a good defense. We would need to get an expert on the case, and we would go over the police report and the medical evaluation by the medics, as well as your medical history, to flush out the entire defense. If you have any further questions, call me at 661-267-1313........... David Wallin

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Answered on 3/16/13, 8:29 pm
Terry A. Nelson Nelson & Lawless

I am not aware that insulin/sugar levels have anything to do with BA testing. But, if you can find a qualified medical expert to testify that they DO affect BA results and in your favor, you'll have a defense to the test results, and maybe to the driving and FST observations if the expert can testify to that as well. Hire experienced local counsel to arrange for an expert.

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Answered on 3/17/13, 12:55 pm


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