DUI & Radiation Sickness

Question: I think I got arrested for DUI because I was suffering from radiation exposure and that made me look like I was drunk. I got arrested about 10 days ago when I was driving home from a night out with my girlfriend. Yes, we had drinks that night, but I really don't believe that I was drunk and my girlfriend didn't think I was drunk.

I got stopped by a Forsyth County deputy sheriff who said he clocked me at more than 20 miles per hour over the speed limit. I know that I looked drunk when I got out of my car on Cumming Highway. I know I didn't look good and I stumbled, but I think that was because I had an X-ray the day before because I broke a finger when I fell in my house in Cumming.

When I went to the doctor he took an X-ray of my finger and told me it was broken. He put a cast on it and said that I'd be OK in about 6 weeks.

I think that X-ray caused me to get radiation poisoning and that made me look drunk to that Forsyth cop. So because I looked drunk and said I wasn't feeling well and I was dizzy and couldn't walk straight, the cop thought I was drunk.

Do you think I can use radiation sickness as a defense for the DUI charge?

S.D. in Cumming, GA

Answer: While some recognized symptoms of radiation sickness can mimic those of intoxication, we would have to learn more about the specifics of your situation. Radiation sickness can cause dizziness and disorientation, among other things. And that can make someone look drunk or intoxicated.

It would certainly help your defense if you got a radiation sickness diagnosis from a doctor. You need to prove that you were actually suffering from radiation exposure. X-rays are common and people get them regularly, so you will have to demonstrate that your exposure was far greater than one would get simply from the standard X-ray of a finger.

You didn't mention if you took a breath test or a blood test, or even if you admitted to drinking, but we like to know those types of important details since they can be very helpful in planning a defense.

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