If you are the focus of a DUI investigation, either after a traffic stop or at a DUI checkpoint, the officer conducting the DUI investigation will probably request that you perform some voluntary field sobriety tests and then take a voluntary breath test. And if the officer ends up arresting you for drunk driving, the officer will ask you to choose between a breath test and a blood test. However, any experienced Orange County DUI Lawyer will tell you that if you are diabetic, whether type I or type II, then diabetes may give a false high reading on a DUI breath test.
Diabetes is a metabolic disorder that is characterized by hyperglycemia or high blood sugar. Type I diabetes, known as juvenile onset, is the most serious form of diabetes. Type I diabetes refers to the condition where the pancreas does not produce insulin, which is essential to regulate the body’s blood-sugar levels. This is caused by a breakdown of the islet cells in the pancreas. Without insulin, the body can’t break food down to be used as energy. So when a person has Type I diabetes, they must take insulin every day. Type II diabetes, called adult onset diabetes, refers to the condition where the pancreas doesn’t produce insulin or the body doesn’t use it properly. Type II diabetes is usually caused by genetic factors, obesity, and an unhealthy lifestyle.
When a diabetic’s blood sugar gets too high, their body can no longer break down carbohydrates. The body then begins to burn fat as a source of energy. This state is called ketoacidosis. Irvine DUI Attorneys know that when a diabetic is in a state of ketoacidosis, their body produces ketones and acetone. Acetone will give the person a distinctive smelling breath that can be easily mistaken for alcohol. Thus, a police officer conducting a DUI investigation may very easily thing they smell alcohol on a diabetic’s breath when they really smell acetone. Moreover, both ketones and acetone will be read by a breath testing device as alcohol and thus contribute to a high reading.
A diabetic in a state of ketosis will not only produce a false reading of alcohol on a breath test, but their outward appearance may also be mistaken for alcohol intoxication. Huntington Beach DUI Attorneys know that the classic symptoms of diabetic ketosis include not only frequent urination and extreme thirst and hunger, but also drowsiness, fatigue, blurred vision, and poor coordination. These are exactly the signs and symptoms that a DUI enforcement officer is looking for when deciding to make a DUI arrest. A diabetic with very little actual alcohol in their system may very well blow over a 0.08% if they are in a state of ketosis.
If you face charges for DUI or DUI with injury call The Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation with an experienced Orange County DUI Attorney. You can also visit us online at www.EJEsquire.com. We have meeting offices throughout Orange County. Our main offices is located at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
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