Orange County DUI Defense Lawyers

Pre-Existing Injuries

The most common symptoms of drunk driving include difficulty performing field sobriety tests (FSTs), confusion, slurred speech, and stumbling. However, these symptoms can be exhibited by people that have certain medical conditions, while many law enforcement officials wrongly believe that these symptoms are exclusive to impairment.

For example, diabetes can mimic many of these symptoms if a diabetic emergency takes place. A person who has suffered a recent stroke may not have the balance and coordination needed to successfully complete a sobriety test. They may also have slurred speech. Allergies may cause a person's eyes to appear blurry and bloodshot. Other medical conditions can result in sweet-smelling breath and other symptoms that may unfairly be credited to intoxication. Heartburn and acid reflux have also been linked to affecting DUI breath testing.

In addition, breath testing machines need a minimum air flow of five consecutive seconds in order for an adequate sample of deep lung air to be obtained. The ability to blow into the device for a continuous period of time varies from person to person. It can also be affected by heart disease, emphysema, chronic bronchitis, asthma, and more.

Also, another flaw with breath testing is that the device used may misread substances that naturally occur in a person's breath as alcohol, such as acetone. In particular, people who have diabetes can produce more of these chemicals, which may be interpreted as being alcohol.

One of the biggest problems with a police officer assuming that a person is intoxicated rather than suffering from a medical condition is that crucial time can be lost while an officer questions a driver or administers field sobriety tests when medical treatment should be sought. This is particularly significant for a person who has just suffered a stroke or is having a diabetic emergency.

Unless someone carries their medical records with them at all times, or has a medical alert ID bracelet that details their medical condition, it will be difficult to convince the police officer that the symptoms are not the result of drinking alcohol but rather due to their medical condition. If a citation for drunk driving is given in spite of someone explaining their medical condition, it is in their best interests to immediately visit their physician or a local hospital after the citation is received. If a person is diabetic, they should have their blood sugar tested in order to conclude whether it was at a level that may result in signs of impairment.

Other lab tests can be conducted in order to determine whether a person was suffering from other medical conditions, such as a severe infection, electrolyte imbalance, or mineral deficiencies. It is important for these tests to be done as soon as possible for the time and date to be documented as evidence that will be needed to fight the CA DUI charges.

Anyone facing drunk driving charges in California is advised to consult with a Orange County DUI defense attorney, like those at Takakjian & Sitkoff, LLP. For many years, our lawyers have successfully helped our clients fight the charges made against them. We routinely utilize the services of medical experts in the construction of our effective DUI defense strategies. If your medical condition resulted in drunk driving charges, call 866-299-4111 to find out how we can help you today.