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DUI and Diabetes

Question: Unfortunately I got arrested for DUI in the City of Atlanta. I was pulled over because I went through a red light on West Peachtree Street. I was driving to Buckhead with my husband. We had been to dinner at The Optimist seafood restaurant and then we went to a comedy club, the Laughing Skull Lounge. At the club we had a few beers. But my husband got tired because he was in North Georgia on business for a few days so I drove.

I was driving home and I wasn't feeling well because of my diabetes. The symptoms I get from diabetes can make me seem drunk. I can see why an Atlanta police officer would think that I was drunk driving. But I really don't think I was DUI. I felt like I just had a buzz.

I took all the cop's tests and I did the breath test. I blew a .122.

We live in Buckhead and I have to go to Atlanta Municipal Court. Can you tell me if because I have diabetes that will help my defense.

W.P. in Atlanta

Answer: Diabetes symptoms can be very similar to indications of DUI. Low blood glucose levels can lead to a police officer concluding, wrongly, that someone is drunk.

Diabetes is a very common disease. Around 20% of all Americans have diabetes. A low blood glucose attack can include dizziness, blurred vision, slurred speech, weakness, loss of coordination and confusion. These are the same symptoms a police officer is looking for in a person who is drunk driving. So having been diagnosed with diabetes can sometimes, under the right circumstances, help a person who has been charged with DUI.

However, please call us so we can discuss your case in greater detail. The fact that your breathalyzer test indicates that you are over the per se limit of .08 can be a problem for your defense.

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