Diabetic and breathalyzer
Question: I was arrested for a DUI in Reseda and did a breath test. After doing some other field tests, I then did a breath test outside the police car, but the police officer did not tell me the results. I was arrested and taken to the police station and did another breath test, actually two tests. I was told that the results were 0.12 and then ended up staying in jail for a while before I was released. I did drink that night, but don’t feel like my blood alcohol level should have been that high. I did not feel like I was really effected by the alcohol either, and my driving was not that bad. The officer said I was weaving, but didn’t say how bad it was, and if I did weave, it was only a little bit, which is common for me to do at any time.
My question is, does a diabetic have a good claim against a breathalyzer result? Also, are there other things that can help me fight this DUI? I really do not want a DUI conviction on my record if it can be helped.
Answer: Yes, being a diabetic is a good defense against several aspects of a DUI arrest, from field sobriety tests to a breath test. Ketoacidosis can cause “an odd smell” which cops often mistake for the smell of alcohol. Additionally, acetones on the breath can give a false high breath test result.
If you were arrested in Reseda, than your criminal DUI case is going to be in Van Nuys. Depending on other factors, it may be possible to get the charges reduced to a lesser offense based on the Diabetic issue alone, but some prosecutors may not want to negotiate based on that issue alone. There are also many other factors that with some work and research into your case, may also help get DUI charges reduced or dismissed.
In the event you want to go to trial to defend your DUI case, the diabetic issue can be very helpful in convincing a jury to vote not guilty on your behalf.
My office is based in Sherman Oaks, and regularly handle cases throughout Los Angeles County, including Van Nuys Court where I handle DUI defense with good results regularly. There is more information about DUI Defense in general at: philhachelaw.com/dui
If you would like to discuss your case in more detail, including how breath machines and diabetic issues relate to each other. I can be reached at (818) 336-1384 if you would like to set up a meeting for a free consultation. Whatever you decide to do, best of luck with your case.
Thanks, Philip Hache, Attorney