Legal Question in DUI Law in Minnesota

Re: Dwi

Based upon the limited information provided here, it sounds like you might be a diabetic. Diabetes can cause a false positive reading on alcohol-breath testing machines, especially where there is diabetic shock or reaction present. That would not present the same issue for a blood test for alcohol, however.

I am in Minneapolis, Hennepin County, and you are welcome to give me a call.

FFI: http://www.liberty-lawyer.com/

http://www.liberty-lawyer.com/dwiduidrivingrelated.html

or call me.

Re: Dwi

You have many options if you want to hire an attorney. I recommend you speak with at least 3 different attorneys and you should be able to tell which ones will be the best fit for your situation. The factual scenario you describe raises many red flags that would be possible challenges. Your diabetic condition is a big factor in this whole thing, since diabetics process alcohol differently from other people. If you want any chance to keep this off your record or get your penalties reduced, you absolutely need an attorney.

Re: Dwi

Hypoglycemia can create a false psoitive for breath or blood alcohol. If the medical treatment substantiates hypoglycemia, the alcohol test may be challenged depending on the reading.

Second, you do not indicate why you were stopped. That may also provide a viable challenge. An officer must have a reasonable, articulable suspicion of criminal activity to make the stop.

Third, the officer must have a reasonable suspicion to seek preliminary breath test. The problem for the officer is that after you explain your medical condition, a diabetic reaction can have all the same physical impairments as intoxication. As a result, his reasonable suspicion for seeking a breath test or having probable cause to charge may be challenged.

For a consultation call 612.240.8005 or visit dwicounsel.com