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Since 1993

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Phone: 941-306-3230

Can my medical condition act as a DUI defense?

| Jun 1, 2019 | Firm News

It’s common for a person to be pulled over by law enforcement officials because they were driving in an unusual way. The nature of the driving may not have been dangerous, but it could lead law enforcement officials to automatically suspect that the driver could be under the influence of alcohol.

If you are pulled over by law enforcement officials, it is likely that you will be asked whether you have consumed any alcohol or drugs. They will probably also demand that you perform a Breathalyzer test to determine your blood alcohol concentration (BAC). If your BAC is determined by the test to be 0.08% or higher, you will face DUI charges.

This process of charging intoxicated drivers is fairly typical. However, there can be times when people are wrongly accused of a DUI. In particular, this can happen when a person is suffering from a medical condition.

Why could a medical condition lead to a DUI conviction?

First, many types of medication taken to treat medical conditions can have unintended side effects. It could mean that a person develops slurred speech or blurred vision, causing law enforcement officials to assume that the person is under the influence of alcohol.

Secondly, symptoms of certain medical conditions could unexpectedly lead to erratic behavior, anxiety or extreme fatigue. For example, if a diabetic person’s blood sugar levels become extremely high, they may start to act in ways that are uncharacteristic, and this could influence their driving.

Breathalyzer tests can also produce false positives if a person has a particular medical condition or if they have recently undergone a medical procedure. If you recently had a dental appointment, for example, the chemicals used as part of the procedure may affect the results of the Breathalyzer test. This could cause the result to show that you are intoxicated when you are not.

It is important that you question the effect that your medical condition could have had on your DUI accusation, especially if you are adamant that you were not under the influence of alcohol at the time. By understanding how the law works in Florida, you will be in a good position to make a compelling DUI defense.