Legal Question in DUI Law in Washington
hypoglycemic attack & BAC results
I was pulled over and arrested for DUI the other night. I was not drinking and told the officer this when asked. He remarked that i was slurring my speech, was recording my voice as we spoke, and asked would i submit to a field test. I declined this as well. I was arrested and placed into the officers automobile. It was the I realized I was having a hypoglycemic attack, and was about to pass out. I told the officer that i was a type 1 diabetic, and about my current condition. He drove immedialtly to a store and supplied me with a chocalate bar & orange juice. I'm guessing, as I dont really remember too much, that this was all on tape as well. At the station, I agreed to a breathalizer, and blew a .114.
Is it possible to effect a BAC machine during/after a hypoglycemic attack? Judging by past attacks & testing, I'd say my glucose level was down near 40 g/dl.
Also, I don't know if this is relevant, but I'm in the adjustment stages of Prozac right now. This is my first bout with depression, and with taking medications like an SSRI.
3 Answers from Attorneys
Re: hypoglycemic attack & BAC results
Hypoglycemia is often confused with intoxication. I have dealt with this issue before. YOu can feel free to call me for a (free) consultation regarding this.
Dave Ruzumna
(206) 985-8000
Re: hypoglycemic attack & BAC results
Your severe hypoglycemic condition coul dcause an artificially high reading on the breath test machine because of ketones being present due to your medical condition. This case will require a thorough medical investigation as well as a legal one to be properly defended. I work in thi sarea constantly and am an experienced trial attorney. Please feel free to call be about your case ASAP.
Re: hypoglycemic attack & BAC results
It is highly likely that your diabetic condition has in fact; influence the breath alcohol level on your breath test, making it read high.
Scientific studies show that diabetics who are low on insulin or are having attacks, tend to produce �keytones� in their breath which the breath testing machine, called a Datamaster in Washington, incorrectly reads as alcohol. In severe attacks, the breath alcohol readings can be erroneously multiplied many times making it look like you�re totally drunk when actually you�ve had nothing or very little to drink.
I cannot say what impacts, if any, your other drugs may have had on your situation. I would need to know what your concentrations are and how long you�ve been taking them.
However, I do think that it�s possible you prescriptions might have negatively affected your motor functions. Once the prosecutor sees that you take these kinds of drugs �and if you told the officer it will be in the incident report - he or she will probably try to disregard your diabetic condition, sticking you with the DUI. This is because someone on prescription medications can be convicted of DUI if the drugs impair their ability to drive a motor vehicle.
My firm focuses on DUIs, and we are experienced in handling a complex case like yours. Please give me a call at (360) 676-8000 if I can assist you further.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
