DUI And The Diabetic

Law Offices of EJ StopyroOrange County DUI Attorney
DUI Lawyers in Orange County

Insulin, which is produced in the body, is used to break food down to nutrients which are then absorbed into the blood stream. If the body does not produce sufficient insulin, (as happens with a diabetic), the body will basically begin to starve. In that case, the body will burn its stores of fat. When fat is burned, ketones and acetone are produced.

If a diabetic driver’s blood sugar rises above normal levels, their body may not produce sufficient insulin for digestion. In that case the diabetic may enter ketoacidosis. When this happens, their body can’t break down carbohydrates and they will begin to burn fat and produce ketones. When the diabetic is in the state of ketoacidosis, symptoms of this will slowly appear. These symptoms include drowsiness, lethargy, lack of appetite, red face, lack of coordination, disorientation, and even slurred speech. Moreover, ketones and acetone will produce an odor on the diabetic’s breath which is easily mistaken as an odor of alcohol.

So if a diabetic who is in ketoacidosis is stopped by the police, and the officer performs a DUI investigation, the diabetic’s outward appearance may easily be confused with alcohol impairment. Since coordination and balance can be impaired by ketoacidosis, the ability to perform field sobriety tests can also be impaired. But it gets worse. The ketones and acetone on the diabetic’s breath will actually register as ethyl alcohol on breath-testing machines that use nonspecific infrared analysis. (Which includes breath testing machines used in Orange County). Thus, a breath test may give a false reading on the breath testing device. (Studies have produced false readings as high as .06%)

That’s why an experienced Orange County DUI Lawyer will always determine whether their client has diabetes. Because the symptoms of ketoacidosis can easily be confused with alcohol impairment and because a breath test can register a false high reading ethyl alcohol, it is important for your DUI lawyer to know whether you are a diabetic.

To learn more about DUI defenses call the Law Offices of EJ Stopyro at (949) 559-5500 today or visit us at www.EJEsquire.com. We provide a free and confidential telephonic consultation with an experienced OrangeCounty drunk driving attorney.

Law Offices of EJ Stopyro

Orange County DUILawyers
DUI Attorney in Orange County