Legal Question in Criminal Law in New York

Diabetic/dwi

I was in a car accident and was arrested for DWI. I am a diabetic type 2 and had not been taking my meds. What effect can this have on my BAC and how can I prove that my BAC could be higher due to my diabetes? I know what I drank and the time frame that I consumed and the BAC in my opinion reads way to high.

Thanks


Asked on 6/10/08, 12:03 pm

2 Answers from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Diabetic/dwi

Diabetes is a medical condition where the body cannot assimilate properly. The sugar in your system turns to alcohol, the same type of alcohol that you would injest from a beer or other alcoholic beverage. There is no way to separate out the alcohol caused by a diabetic reaction from any alcohol that you would have taken.

We have physicians and pharmacists who can testify to that.

The burden would then be on the Prosecutor to try to convince the jury otherwise. They have never used an expert on their own.

It is a proven defense, and one which we have found to be a successful one.

If you would like to consult with me further, please feel free to contact me.

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Answered on 6/10/08, 3:53 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Diabetic/dwi

Overall, your BAC controls a lot in cases ushc as these... for example what offer the DA's office would be willing to offer you...

It is very true that your illness may have some serious effects on yoru ability to metabolize alcohol, due to diabetes... however, the DA's office will not look at this as a factor, and only focus on your BAC.

in a case such as this it is CRUCIAL to have good representation... we handle many DWI cases, and are highly sympathetic towards diabetes - as a result of my own personal experiences...

feel free to contact us at 877.2BYE.DWI (push to speak to me carlos gonzalez)

you may also listen to a free podcast we have published on the criminal system, and will be publishing one on DWI specifically at

cgonzalezlawfirm.podbean.com

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Answered on 6/10/08, 8:37 pm


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