How Diabetes Affects Alcohol Testing and Your Defense
Understanding DUI Cases Involving Diabetic Individuals:
When facing a DUI charge, the details matter. For individuals with Type 1 or Type 2 diabetes, the testing process for alcohol—specifically breath and blood tests—can be complicated, potentially leading to inaccurate results that may impact the outcome of your case. As a Tucson defense attorney with experience in handling DUI cases, I’ve seen firsthand how medical conditions like diabetes can play a significant role in DUI defense strategies.
In this post, I’ll explain how diabetes can affect DUI cases, particularly the breath and blood alcohol tests commonly used by law enforcement, and how this knowledge can benefit your defense strategy. Whether you're seeking information for yourself or someone else who has been arrested, understanding these nuances can help you make informed decisions about your case.
1. Diabetes and Breath Tests: The Acetone Issue
Breath tests are frequently used by law enforcement officers to determine a driver’s blood alcohol concentration (BAC). These tests are convenient, non-invasive, and relatively quick. However, for individuals with diabetes—especially Type 2 diabetes—the results of breath tests may not always be accurate. This is because diabetes can lead to the production of acetone in a person’s breath, which may be mistaken for alcohol.
What Is Acetone and How Does It Relate to Diabetes?
Acetone is a byproduct of ketosis, a metabolic state that occurs when the body burns fat for fuel instead of carbohydrates. Ketosis can happen in diabetics, particularly those with poorly controlled blood sugar levels. When a diabetic’s blood glucose is too high, their body may enter ketosis and produce acetone, which is then expelled through the lungs and exhaled in the breath.
Breathalyzer devices, like the Intoxilyzer 9000, are designed to detect alcohol in the breath. However, acetone has a similar chemical structure to ethanol (the alcohol found in alcoholic beverages). As a result, these devices may mistake acetone for alcohol, leading to a higher BAC reading than what is actually present.
This means that a diabetic individual in a state of ketosis may be at risk for a false positive on a breath test, even if they have not consumed any alcohol.
Is This Common in DUI Cases?
While the presence of acetone in breath is not always significant enough to lead to a false positive, it is a well-known issue, especially for individuals with uncontrolled diabetes. If you or a loved one has diabetes and received a breath test that returned a high BAC reading, this could be a factor in challenging the test’s accuracy. As a Tucson defense attorney, I’ve worked on cases where breath test results were questioned due to acetone interference, and it can be a critical point in your defense.
2. Blood Tests: A More Accurate Measure of BAC
Blood tests are generally considered more accurate than breath tests for determining BAC. Unlike breath tests, which measure alcohol vapor in the lungs, blood tests directly measure the amount of alcohol present in the bloodstream. This makes blood tests less susceptible to interference from substances like acetone.
Why Blood Tests Are More Reliable in DUI Cases
Diabetes does not produce ethyl alcohol in the blood, meaning that a blood test for alcohol should not be affected by a person’s diabetic condition. This makes blood tests a more reliable measure of actual alcohol consumption, especially in DUI cases involving individuals with diabetes.
If you or your loved one is diabetic and faced with a DUI charge, a blood test result may provide a clearer and more accurate picture of alcohol consumption. However, it’s important to note that blood tests still need to be handled with care, as errors in collection or handling can affect the results.
What Happens if a Blood Test Shows Elevated BAC?
If a blood test shows a high BAC reading, it can be challenging to argue that diabetes caused the elevated result. However, in some cases, the presence of acetone in the body could still be an issue in relation to breath test results, and this could affect the prosecution’s case if they relied heavily on breathalyzer data.
As a Tucson Defense Attorney at AJB Law Firm, LLC, I work closely with medical and forensic experts to determine whether the blood test results were accurate and reliable. This is especially important when dealing with clients who have diabetes or other medical conditions that may impact the accuracy of alcohol testing.
3. Fermentation and High Blood Glucose: The Hidden Factors in DUI Cases
While diabetes itself does not produce ethyl alcohol, high blood glucose levels can contribute to conditions that might cause fermentation in the body. When glucose levels are elevated, it’s possible for fermentation to occur, which can, in some cases, lead to the production of alcohol-like substances.
Can Fermentation Affect Breath Test Results?
While the process of fermentation is generally not significant enough to cause a noticeable alcohol effect, it can theoretically create small amounts of alcohol in the body, especially in individuals with uncontrolled diabetes. However, this phenomenon is rare, and most cases of fermentation would not result in a BAC reading high enough to influence a DUI charge. That said, it’s something that should be explored if a diabetic individual is facing DUI charges.
How Does This Affect Your DUI Defense?
If you have diabetes and are facing DUI charges, it’s crucial to consider all possible factors that could influence breath test results, including the potential for fermentation. While it’s unlikely to have a significant impact, it could still be worth investigating, especially if the breathalyzer results seem inconsistent with your symptoms or other evidence in the case.
4. Challenges with Breath Testing Devices
Not all breath testing devices are created equal. Some devices, like the Intoxilyzer 9000, are known to have specific issues with detecting acetone at low concentrations, potentially leading to false positives. In DUI cases involving individuals with diabetes, it is important to scrutinize the equipment used to collect evidence.
Understanding the Intoxilyzer 9000
The Intoxilyzer 9000 is a commonly used device in Arizona and nationwide for measuring breath alcohol concentration. However, this device has been criticized for its sensitivity to substances other than alcohol, particularly acetone. The Intoxilyzer 9000 can misread acetone as alcohol at very low concentrations, which can significantly skew the results, especially in individuals with diabetes or those who are in ketosis.
As a Tucson defense attorney, I often evaluate the calibration and maintenance records of breath testing equipment to ensure the validity of the results. If a faulty reading is detected, it can be a powerful argument in your defense strategy.
5. Courtroom Considerations: Preparing for a Complex Defense
Defending against DUI charges in cases involving diabetes can be complex. While the presence of acetone in a diabetic’s breath may explain a false positive on a breath test, the challenge lies in proving this in court. Presenting a defense based on medical conditions like diabetes requires preparation, expert testimony, and a comprehensive understanding of both the science behind alcohol testing and the legal nuances of DUI cases.
Expert Testimony
In many cases, expert testimony may be required to establish that a diabetic’s breath test results were inaccurate. This could include testimony from medical experts who can explain the effects of diabetes on breath alcohol tests, or forensic toxicologists who can discuss the limitations of breath testing devices like the Intoxilyzer 9000.
Legal Strategy
A strong legal strategy involves challenging the accuracy of breathalyzer results, questioning the reliability of testing equipment, and considering alternative explanations for the test results. As your Tucson DUI defense attorney, I’ll work to build a defense strategy that is tailored to the specifics of your case, including any medical conditions that may have impacted the results.
6. How AJB Law Firm, LLC Can Help You Fight DUI Charges Involving Diabetes
If you are facing DUI charges and have diabetes, it’s essential to work with an experienced Tucson defense attorney who understands the complexities of these cases. At AJB Law Firm, LLC, I specialize in defending individuals against DUI charges, including those involving medical conditions like diabetes.
Our Comprehensive DUI Defense Approach
Reviewing Breath and Blood Test Results: I will carefully review all test results, including breath and blood tests, to ensure they were administered correctly and accurately. If any issues arise, I will investigate the testing equipment and procedures to identify potential weaknesses in the case against you.
Expert Analysis: I work with medical and forensic experts who specialize in DUI defense and can help explain how diabetes may have impacted the testing results.
Challenging the Evidence: If the evidence against you is questionable, we will aggressively challenge it in court. Whether it's disputing the accuracy of breath test results or questioning the validity of blood test results, I will fight for the best possible outcome for you.
Customized Defense Strategies: Every DUI case is unique, and we tailor our defense strategies to the specifics of your case, including any medical conditions or other factors that may influence the outcome.
Contact Amanda Bynum at AJB Law Firm, LLC for Your DUI Defense
If you or a loved one has been arrested for DUI in Tucson and has diabetes, it’s crucial to work with an attorney who understands the medical and legal aspects of these cases. I’m Amanda Bynum, and at AJB Law Firm, LLC, I am committed to providing personalized, effective DUI defense.
Contact me today to schedule a consultation and discuss how we can fight for your rights.
