Can I get out of a DUI if...?

Question

I was recently arrested for a DUI. The night I was arrested, I had not eaten and had consumed three alcoholic drinks (rum and diet coke) over the course of four hours. I have a history of Hypoglycemia and was even hospitalized for it two years ago. I also was not feeling well at the end of the night I got arrested. I was given a breath test, and failed. The test result was very high (well above the legal limit) which I don’t see how is possible. I have heard from a friend that my Hypoglycemia could have caused a false breath test result, but I don’t know how to use this in court. I have hired an attorney and given him this information, but I am also doing research to find a way to save myself from being wrongfully accused of a DUI. Please let me know if you have any advise.

Answer 1

No, you can not get out of a DUI for that reason.

There are no medical conditions (apart from alcohol intoxication) that will alter the result of a breath test.

Answer 2

I've heard of another person who actually burped when giving the breath test and that gave a false reading as apparenly a burp concentrates it. (it was on a tv program) and they got off.

Worth a try.

Answer 3

Look, you did the crime, it's time you faced responsibility.  The fact that you hadn't eaten only proves your reckless disregard for your health and the safety of others.  If you're old enough to legally buy alcohol, then your definitley old enough to be responsible for your own actions, which are, you chose to consume alcohol, chose NOT to eat, alcohol DOES increase the effects of diabetes and you know that by now, then you chose to drive a 4,000+ lb vehicle down the streets where innocent families drive, where children play in the yards, and where YOU opted to try and KILL some of them!!! You'll get NO sympathy here.  Now, be a friggen MAN and own up to what you KNOW you did, willingly got behind the wheel of an automobile while under the influence of alcohol and drove the damned car!!!!!!!

Answer 4

Were you given a blood test as well? Your body can digest alcohol at the rate of one drink per hour. A drink being one oz of liqour or one bottle of beer. What size drinks did you have? A Tall Rum and diet can sometimes consist of 2 to 3 oz of liqour meaning in reality you could have had closer to 6 to 8 drinks.

Answer 5

Here is your problem... Half of it is you are a woman and probably break down alcohol slower then a man and you were drinking rum with DIET COKE.  everyone knows diet pop doesnt help you matabolize alcohol as fast as a regular pop would.  Plus you should just stop drinking and driving.  I highly doubt the police messed up the test.  the have to monitor you for a while before you can even take the test.

Answer 6

Hypoglycemia does not affect a breath test.

The fact you did not eat allowed the alcohol to enter your system quickly.

Answer 7

Did the officer give you a breathalyser test? either on the spot or at the station?

Were you over the limit if you did get one? IF you were then no medical condition (unless it provides a false positive and has been proven to do so) will get you out of the DUI.

If you didn't get a breathalyser then it might be possible to play it off as a medical condition.

Good luck.

Answer 8

Do a little internet searching, you might have a case.  I found a few links, including this one.

http://digg.com/odd_stuff/Diabetes_Low_C...