- July 11, 2016 |
- Category: DUI and Courtroom Process
Diabetes is a very common disease in Ohio and the rest of the country. Experts estimate that fifteen to twenty percent of all Ohio drivers are diabetics. When a diabetic experiences low blood sugar, also known as hypoglycemia, the symptoms can be very similar to alcohol impairment. As a result, Ohio police officers can mistakenly assume a suspected DUI driver is impaired, when in fact the driver simply has hypoglycemia. For example, some of the symptoms for a diabetic experiencing hypoglycemia include dizziness, drowsiness, disorientation, slurred speech, poor balance, blurred vision, and impaired ability to drive a vehicle. Ohio officers unfamiliar with hypoglycemia may mistake these symptoms as evidence of alcohol impairment. Not surprisingly, a diabetic experiencing these symptoms will likely perform very poorly on field sobriety testing.
In a 2003 issue of Medical and Toxicological Information Review, Doctor John Arnold, MD, authored a scientific article entitled “Hypoglycemia: Driving Under the Influence.” Arnold reports that hypoglycemia is frequently seen in connection with driving error on the nation’s roads and highways, including multi-car accidents with property damage and bodily harm. Other times, DUIs, OVIs or drinking and driving charges stem from hypoglycemic symptoms that are extremely similar to those of a drunk driver. Because so many people in America have blood sugar problems, it is becoming more important than ever for law enforcement personnel to recognize the signs of hypoglycemia and to understand that they don’t indicate alcohol impairment, even though the symptoms appear very similar.
While diabetes has always been a fairly common disease in Ohio, the numbers of those suffering from the condition have significantly increased in the past decade. It is important to recognize that many people suffering from diabetes don’t even know it. Studies report that approximately twenty-five to thirty percent of diabetic individuals in Ohio may be undiagnosed, due to the failure to recognize some of the most common warning signs related to the disease. If you are diabetic and were recently charged with drinking and driving in Ohio, the following information will help your DUI lawyer immensely: (a) the date of the diagnosis; (b) whether the diagnosis is type 1 or type 2; (c) the name of the physician who diagnosed you with diabetes; (d) the name of your treating physician; (e) any blood glucose testing records; (f) your eating patterns; (g) the time/amount of your last insulin injection prior to the alleged DUI incident; and (h) the time of your last meal prior to the Ohio DUI incident. This information could help your Ohio DUI lawyer convince the prosecuting attorney to dismiss your case, which is generally better than presenting the diabetic DUI defense at trial.
No Ohio DUI arrest is perfect. Most DUI investigations include a number of witnesses, including police officers who are trained to look for signs of impairment or intoxication. These witnesses are human and they make mistakes. It is not unusual for police officers to mistakenly arrest a diabetic experiencing low blood sugar for a drinking and driving offense in Ohio. Most top Ohio DUI lawyers understand the impact that low blood sugar can have on a suspected DUI driver’s field sobriety testing. As a result, experienced Ohio DUI lawyers can use diabetes as a defense given the right circumstances.
