People with diabetes have a lot to deal with – regular blood sugar testing, insulin injections, proper nutrition and erratic mood swings due to low blood sugar levels. Anyone who is diabetic or knows someone who is diabetic knows the importance of regulating insulin to keep their bodies functioning properly.
Sometimes, a diabetic can get caught in a situation where there is no insulin and symptoms start to appear. They could be drowsy, sleepy, blurred vision, weakness or impaired cognitive status. If the person happens to be driving at this time it is possible they could be pulled over for a DWI (driving while intoxicated). When administered a breathalyzer a diabetic many times will test positive when in fact they have not been drinking.
There are several reasons how a diabetic can unknowingly get caught up in DWI without ever lifting an alcoholic drink.
An Inexperienced Officer
When an inexperienced or uneducated police officer follows a suspect who is not staying in their lane or operating a motor vehicle erratically will automatically assume the driver is intoxicated and will pull the vehicle over. Sometimes, it may take the suspect a little longer than it should to realize they are being pursued and to pull over.
Since officers now have dashboard camera and lapel microphones everything is being recorded. When the officer approaches a suspect that is presumed drunk the officer will notice the diabetic suspect is unsteady or oftentimes belligerent. The officer will then perform a field sobriety test which the suspect fails and insist he has not been drinking. A breathalyzer is presented in which the suspect’s reading is above a .08 – the legal limit in most states. Now the officer is positive the suspect is intoxicated. The diabetic suspect is arrested and booked for DWI. The officer never inquires about the suspect's medical conditions.
During trial the suspect may have witnesses who say they were with the suspect all day and there was no drinking, but the jury finds the suspect guilty of DWI.
What Happened?
In cases like these for diabetics, low blood sugar (hypoglycemia) or high blood sugar (hyperglycemia) can mimic the effects of alcohol. People who experience low blood sugar will have symptoms of dizziness, slurred speech, muscle weakness, confusion and loss of coordination. High blood sugar can cause symptoms of blurred vision, excessive fatigue and sleepiness. It is clear the symptoms will appear to an officer who already thinks the suspect is intoxicated, could misinterpret the suspect as being drunk (Diabetes and DWI, www.DWIMistake.com).
Flaws With the Breathalyzer
Why does the breathalyzer show a “false positive” for diabetics? In an article about breathalyzer flaws on the website www.DWIMistake.com, breathalyzers work using infrared spectrometry. A beam of light is shot through the breath sample. The breathalyzer then analyzes how the light is absorbed or blocked based on compounds in the breath. The breathalyzer does not attempt to identify the compounds; it only determines that something is in the breath which blocks the beam of light. Essentially, a breathalyzer only measures light. The breath of a diabetic contains acetones which are produced when diabetic has a shortage of insulin. Since acetones blocks the flow of light, the breathalyzer reads this the same as alcohol thus producing a reading above the .08 limit. The police officer now assumes the suspect is intoxicated.
It is important to realize there are many other ways to produce a high reading with a breathalyzer. Cigarette smoke, low carbohydrate diets (ketoacidosis), anyone who breathes in fine particles, works with paints or adhesives and anyone who burps prior to the breathalyzer test can produce a false positive reading.
Another false positive is produced with air bag deployments on vehicles. According to an article titled Diabetes and DWI on www.DWIMistake.com, when an air bag is deployed a talcum powder like substance is discharged into the vehicle and in the driver’s face. The occupants of the vehicle then inhale the powder and a small amount is expelled when a breath sample is given. The breath sample will then cause the Breathalyzer to produce a false positive reading.
If you or someone you know has been falsely accused of a DWI then insist on a blood test. A blood test is generally the most reliable way to produce an accurate blood alcohol reading. In a recent articles on www.TexasParoleNow.com , Texas lawmakers are attempting to tighten down on possible DWIs by proposing a new charge of Driving While Abilities Impaired (DWAI) for people at .05 level as opposed to the DWI limit of .08 . It is important that anyone who has been accused of DWI let their attorneys know if they have diabetes or other evidence which likely caused a false breathalyzer reading.
Resources
- Diabetes and DWI, www.DWIMistake.com
- One Breathalyzer Flaw, www.DWIMistake.com
- Proposed Change in Texas DWI Law, www.TexasParoleNow.com
Karren Bennett - Karren Bennett is a Texan at heart who loves to write. In addition to writing about anything and everything, she dabbles in fitness, ...
