DUI Lawyer | Joel Brand, Esq.

Diabetes Defense to a DUI

Driving under the influence (DUI) charges are serious offenses that can lead to severe legal consequences, including fines, license suspension, and even imprisonment. However, there are circumstances under which an individual charged with a DUI may have a valid defense. One such defense is the “diabetes defense,” which relies on the medical condition of diabetes to explain and justify the behavior that led to the DUI charge. This article explores the diabetes defense in detail, examining how it works, its legal basis, and its potential effectiveness.

Understanding Diabetes and Its Symptoms

Diabetes is a chronic medical condition that affects the body’s ability to regulate blood sugar (glucose) levels. There are two primary types of diabetes:

  1. Type 1 Diabetes: This autoimmune condition results in the body’s inability to produce insulin, a hormone necessary for glucose regulation.
  2. Type 2 Diabetes: This condition typically develops over time and is characterized by the body’s inability to use insulin effectively, often coupled with reduced insulin production.

Diabetics can experience fluctuations in their blood sugar levels, leading to two main conditions that can impact their behavior and appearance:

  • Hypoglycemia (Low Blood Sugar): Symptoms include dizziness, confusion, slurred speech, lack of coordination, and even loss of consciousness. These symptoms can mimic those of alcohol intoxication.
  • Hyperglycemia (High Blood Sugar): Symptoms include excessive thirst, frequent urination, fatigue, and blurred vision. In severe cases, hyperglycemia can lead to diabetic ketoacidosis (DKA), which can cause a fruity odor on the breath, often mistaken for alcohol.

How Diabetes Can Mimic DUI Symptoms

The symptoms of both hypoglycemia and hyperglycemia can closely resemble those of alcohol intoxication, leading law enforcement officers to mistakenly believe a diabetic individual is under the influence. Common misinterpretations include:

  • Confusion and Disorientation: Both hypoglycemia and intoxication can cause cognitive impairments, leading to confusion and disorientation.
  • Slurred Speech and Poor Coordination: These symptoms are typical of both hypoglycemia and alcohol intoxication.
  • Fruity Breath Odor: In cases of hyperglycemia and DKA, the fruity odor of the breath can be mistaken for alcohol.

Legal Basis for the Diabetes Defense

In California, a DUI charge requires proof that the defendant was under the influence of alcohol or drugs while operating a vehicle. The diabetes defense hinges on the argument that the defendant’s behavior and appearance were the result of a medical condition rather than intoxication. Key elements of the defense include:

  1. Medical Evidence: Demonstrating a documented history of diabetes, including medical records, prescriptions, and a treatment plan.
  2. Expert Testimony: A medical expert can testify about the effects of diabetes on the defendant’s behavior and appearance, providing a scientific basis for the defense.
  3. Witness Testimony: Friends, family, or colleagues who can attest to the defendant’s diabetic condition and symptoms.

The Process of Asserting a Diabetes Defense

  1. Initial Arrest and DUI Charge: The defendant is pulled over, exhibits symptoms of intoxication, and is charged with a DUI based on field sobriety tests and possibly a breathalyzer or blood test.
  2. Discovery Phase: The defense attorney gathers medical records, expert opinions, and witness statements to build the diabetes defense.
  3. Pre-Trial Motions: The defense attorney may file motions to suppress evidence obtained during the arrest, arguing that the symptoms were due to a medical condition.
  4. Trial: During the trial, the defense presents medical evidence and expert testimony to demonstrate that the defendant’s symptoms were consistent with diabetes rather than intoxication.
  5. Cross-Examination: The prosecution may attempt to discredit the defense by challenging the credibility of the medical evidence or expert testimony.

Potential Challenges and Counterarguments

While the diabetes defense can be compelling, it is not without challenges:

  1. Prosecution’s Counterarguments: The prosecution may argue that the defendant’s condition does not excuse the behavior or that the defendant should have managed their condition better to avoid impairment.
  2. Breathalyzer and Blood Tests: If the defendant’s blood alcohol content (BAC) was above the legal limit, the defense must explain why the BAC results do not accurately reflect alcohol consumption.
  3. Jury Perception: The defense must effectively communicate the complexities of diabetes to a jury, ensuring they understand how the condition can mimic intoxication.

Case Law Supporting the Diabetes Defense

Several cases highlight the viability of the diabetes defense in DUI charges:

  • People v. Humphrey (1975): This case established that a defendant’s medical condition, including diabetes, could be considered in determining whether they were under the influence.
  • People v. Gabbard (1979): The court acknowledged that symptoms of hypoglycemia could be mistaken for intoxication and allowed medical evidence to be presented in the defense.

Conclusion

The diabetes defense offers a valid and scientifically supported argument for individuals charged with a DUI due to the symptoms of their medical condition. While challenging, this defense can be effective with thorough preparation, credible medical evidence, and expert testimony. It underscores the importance of understanding the nuances of medical conditions in the context of DUI law and ensuring that individuals are not wrongfully penalized for symptoms beyond their control.

By leveraging the diabetes defense, defendants can demonstrate that their behavior was a result of a medical condition, potentially leading to reduced charges or even dismissal of the DUI case. As always, it is crucial to consult with an experienced DUI attorney who can navigate the complexities of the legal system and provide the best possible defense.

References:

  • California Vehicle Code § 23152
  • People v. Humphrey, 13 Cal.3d 353 (1975)
  • People v. Gabbard, 98 Cal.App.3d 535 (1979)
  • American Diabetes Association (ADA) – Understanding Diabetes and its Symptoms