As experienced Rochester DWI lawyers, we are familiar with the efforts made over the years by law enforcement to distinguish bad driving caused by alcohol intoxication from bad driving caused by a medical condition.

One of the most common medical conditions that can mimic the symptoms of intoxication is diabetes.

The fact that abnormal glucose levels can cause physical and mental symptoms similar to intoxication has proven especially problematical in drinking and driving cases because diabetics also may produce a substance on their breath which is similar to alcohol.

This substance can interfere with the results of certain types of breath tests.

As a result, most modern breath test machines contain filters or use other methods to ensure that the result is measuring only alcohol on a diabetic’s breath and not some other substance.

Even where there is no breath test score or the breath test score is not at issue, the fact that a diabetic attack can cause a person to drive erratically, have slurred speech, and lack physical coordination is still relevant to any determination that the defendant was intoxicated.

The burden is on the prosecution to prove that any bad driving was caused by alcohol, not some other cause.

In cases where a diabetic defendant has documented glucose levels outside of normal levels following the arrest or the defendant’s behavior indicates extreme intoxication but other evidence – such as a low breath test score – does not, the defendant may have a strong argument that his or her intoxication was not due to alcohol.

Following an arrest for DWI, it is important to examine all of the evidence and circumstances surrounding the case.

If you need legal help, we can be reached at 585-484-7432.