DUI Lawyer | Joel Brand, Esq.

Medical Conditions that Can Get You Out of Your DUI

Introduction

Facing a DUI charge in California is a daunting experience, with potential consequences including hefty fines, license suspension, and even jail time. However, certain medical conditions can sometimes be used as a defense to challenge DUI charges. This article explores various medical conditions that might affect blood alcohol content (BAC) readings or driving behavior, thereby offering a potential defense in a DUI case. Understanding these conditions and how they interact with DUI laws can be crucial for those seeking to contest their charges.

Hypoglycemia

What is Hypoglycemia?

Hypoglycemia is a condition characterized by abnormally low blood sugar levels. It commonly affects individuals with diabetes but can occur in non-diabetics as well. Symptoms of hypoglycemia include confusion, dizziness, sweating, and impaired coordination—all of which can mimic signs of alcohol intoxication【Mayo Clinic, 2022】.

Hypoglycemia as a DUI Defense

During a DUI stop, law enforcement officers may mistake hypoglycemia symptoms for intoxication. Additionally, hypoglycemia can sometimes cause a false positive on a breathalyzer test. Medical records and expert testimony can be used to demonstrate that the defendant’s behavior and BAC readings were influenced by hypoglycemia, not alcohol consumption.

Gastroesophageal Reflux Disease (GERD)

What is GERD?

Gastroesophageal Reflux Disease (GERD) is a chronic digestive disorder where stomach acid frequently flows back into the esophagus. This acid reflux can cause heartburn, regurgitation, and other symptoms【American College of Gastroenterology, 2022】.

GERD as a DUI Defense

GERD can affect the accuracy of breathalyzer tests. The presence of stomach acid in the mouth can lead to elevated BAC readings, as the breathalyzer may detect alcohol from the stomach acid rather than from the lungs. Demonstrating that the defendant has GERD and providing medical evidence can challenge the reliability of the breath test results.

Diabetes and Ketosis

Diabetes and Alcohol Metabolism

Individuals with diabetes can experience episodes of high or low blood sugar, which can affect their behavior and physical condition. Additionally, diabetics can produce acetone—a type of alcohol—during periods of low blood sugar, especially if they are in a state of ketosis【American Diabetes Association, 2022】.

Ketosis as a DUI Defense

Ketosis, a metabolic state where the body burns fat for energy, can occur in diabetics and those on low-carb diets. The breath of someone in ketosis can contain isopropyl alcohol, which can be misinterpreted as ethanol by breathalyzer devices. Evidence of diabetes and ketosis can be used to explain abnormal BAC readings and physical symptoms.

Heart Disease

Heart Disease and Its Effects

Heart disease can cause a range of symptoms such as dizziness, confusion, and impaired motor skills. Certain heart medications can also have side effects that mimic alcohol impairment【American Heart Association, 2022】.

Heart Disease as a DUI Defense

If an individual with heart disease is stopped for suspected DUI, their symptoms might be mistaken for intoxication. Providing medical documentation of heart disease and medication side effects can be used to argue that the observed behavior was due to a medical condition, not alcohol use.

Seizure Disorders

Types of Seizure Disorders

Seizure disorders, including epilepsy, involve sudden bursts of electrical activity in the brain, which can affect behavior, consciousness, and motor functions【Epilepsy Foundation, 2022】.

Seizure Disorders as a DUI Defense

A person experiencing a seizure or postictal state (the period following a seizure) may appear disoriented, uncoordinated, or confused—symptoms that can be mistaken for alcohol intoxication. Documenting a history of seizure disorders and providing expert testimony can help establish that the defendant’s behavior was due to a medical episode rather than alcohol impairment.

Neurological Conditions

Common Neurological Conditions

Neurological conditions such as multiple sclerosis (MS), Parkinson’s disease, and migraines can significantly impact coordination, speech, and cognitive function【National Institute of Neurological Disorders and Stroke, 2022】.

Neurological Conditions as a DUI Defense

Symptoms of these conditions can be misinterpreted as signs of intoxication during a DUI stop. Presenting medical records and expert opinions can help demonstrate that the defendant’s behavior was influenced by a neurological condition, thereby challenging the DUI charges.

Auto-Brewery Syndrome

What is Auto-Brewery Syndrome?

Auto-Brewery Syndrome (ABS), also known as gut fermentation syndrome, is a rare condition where the digestive system produces ethanol from ingested carbohydrates. Individuals with ABS can exhibit elevated BAC levels without consuming alcohol【National Institutes of Health, 2022】.

Auto-Brewery Syndrome as a DUI Defense

Individuals with ABS can have BAC readings above the legal limit despite not drinking. Diagnosing ABS and presenting this evidence in court can be a strong defense, showing that the elevated BAC was due to the body’s internal processes rather than alcohol consumption.

Medications and False Positives

Medications Affecting BAC Readings

Certain medications can impact BAC readings or cause side effects that mimic intoxication. For example, medications containing alcohol or those that interfere with the body’s metabolism can lead to elevated BAC levels【FDA, 2022】.

Medications as a DUI Defense

If a defendant was taking medication that could affect BAC readings or mimic intoxication, providing this information to the court can challenge the DUI charges. Medical records and expert testimony can explain how the medication influenced the test results or behavior.

Preparing a Medical Defense

Gathering Evidence

To use a medical condition as a defense in a DUI case, it is crucial to gather comprehensive evidence. This includes:

  • Medical records documenting the condition.
  • Testimony from treating physicians or medical experts.
  • Evidence of medication use and potential side effects.

Legal Representation

An experienced DUI attorney can help build a strong medical defense by:

  • Evaluating the medical condition’s impact on the DUI charges.
  • Working with medical experts to provide testimony.
  • Challenging the accuracy of field sobriety and chemical tests.

Conclusion

Medical conditions can significantly affect behavior and BAC readings, providing a viable defense in DUI cases. Conditions like hypoglycemia, GERD, diabetes, heart disease, seizure disorders, neurological conditions, and Auto-Brewery Syndrome can all impact DUI charges. Understanding these conditions and gathering comprehensive medical evidence is essential for mounting a successful defense. With the right legal representation and medical support, it is possible to challenge DUI charges based on these medical conditions.

References