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Things are not Always as They Seem
Diabetes Can Cause False-Positive Results!
Floyd Brown, a part-time resident of Port St. Lucie, Florida, was arrested and charged with DUI while chauffeuring students from South Florida to Orlando. Approximately one hour into the trip, teachers on the bus became concerned because Mr. Brown wandered out of his lane. One teacher used a cell phone to notify police of Mr. Brown’s behavior. At the suggestion of the FHP officials, the teacher asked Mr. Brown to stop at the Fort Drum Plaza so that the students and faculty could use the restroom.
While the bus was stopped at the plaza, all students left the bus and went into the plaza. In the parking lot, Trooper Christopher Everett caught up with the bus and asked Mr. Brown to perform a field sobriety test. Although Mr. Brown attempted to inform the officer that he suffered physical impairments that made it impossible for him to perform the test, he submitted to various field sobriety tests and failed them. The police officers reported the “smell of alcohol” on Mr. Brown’s breath and requested that he complete a breath test. Mr. Brown voluntarily submitted to a breath test which revealed only a slight trace of blood-alcohol content (0.014%) that even the administering test officer was surprised when Mr. Brown was actually arrested for DUI and transported to the Okeechobee County Jail.
During trail, it was revealed that Mr. Brown had been in a serious automobile accident some years prior to the arrest, which resulted in his suffering long-term physical and balance problems. Mr. Brown had also been diagnosed as being diabetic (although he was not aware of it at the time of his arrest). Mr. Brown’s DUI defense attorney, Charles Shafer, was able to produce findings of various research studies whose results showed that diabetics can have a breath odor similar to alcohol. In addition, the calibration of the breath test equipment was found to be faulty, which led to the minor detection of alcohol in Mr. Brown’s test. After 18 months of having to deal with a drunk-driving charge, the case was dismissed.
As an experienced California DUI defense lawyer, I have found that there are a number of medical conditions that cause individuals to exhibit some of the same signs as intoxication. Diabetics will sometimes look and even act “drunk” to an observer and in many instances, certainly fail any field sobriety test given. Thus, while Mr. Brown did in fact suffer other physical impairments which did not allow him to perform well on the field sobriety tests given, he most likely would have failed them anyway because of his diabetes. The fact that Mr. Brown is diabetic also is what most likely attributed to his “wandering” out of his lane.
While in Mr. Brown’s case the breath test results were found to be erroneous because the machine’s calibration was off, it is important to note that breath test machines do not actually measure alcohol. Instead, they use infrared beams of light that are absorbed by chemical compounds (including ethyl alcohol) in one’s breath, which includes the methyl group in its molecular structure. What this means is that the greater the absorption rate, the higher the blood-alcohol result will be. Breath test machines are programmed to “assume” that the compounds in the breath are “probably” alcohol. Nevertheless, this is simply not the case and this is where error can be found. As for the breath of a diabetic, it is well-documented that when a person is in a state known as “ketoacidosis,” a by-product of hypoaglycemia is that acetones will be produced in his or her breath. This means that what the breath test machine is “assuming” to be alcohol is in fact not alcohol at all.
Being arrested for DUI is often a very frightful and confusing occurrence. When it comes to the law, assumptions should never be made, and those facing drunk-driving charges should protect themselves from such assumptions. If you are arrested for DUI, please contact the DUI Law Office of Thomas Wallin today! Our California DUI defense lawyers represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego. For more information on Mr. Brown’s story visit: http://www.tcpalm.com/news/2007/dec/15/30bus-driver-cleared-of-dui-charge/ and
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This is another example of what can happen to innocent people when individuals are quick to accuse people of being under the influence. Unfortunately, as a California DUI defense attorney, I see too often how the innocent are wrongly accused of being under the influence. It seems in today’s society, with the pressure from groups like MADD, police and the public are in a hurry to blame alcohol for anything and everything. Hopefully Mr. Sims is found soon and we need to make sure we hold companies (Amtrak in this case) accountable for such despicable conduct. The story is below A 65-year-old St. Louis man is missing after Amtrak personnel, mistaking his diabetic shock for drunk and disorderly behavior, kicked him off a train in the middle of a national forest, according to police in Williams, Ariz. READ MORE…
Diets and DUI, Please follow the link for a storey on a Pilot that was arrested after officers suspected he was under the influence of alcohol. http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/04/14/npilot14.xml It turns out the pilot was on a low carb diet and subsequent blood tests determined he did not have much if any actual alcohol in his system. At this time the pilot has no comment and is looking forward to getting back in the air. This is just another example as to the unreliability of breath tests. Hopefully more stories like this will get out to the public so people will understand the reading from the breath test isn’t the end of the world. As a DUI lawyer in California, I have an extensive questionnaire for my clients so we can look at every possible defense to a charge of DUI.
Refusal of chemical testing when arrested for a DUI can land you in hot water with both law enforcement officials and the Department of Motor Vehicles. You will lose your driving privileges for a length of time determined by any previous test refusals and any special circumstances surrounding your refusal. In some states, you will also face criminal charges that can lead to fines, jail time, and other stiff penalties that make your life difficult. It is one thing to refuse chemical testing because you know you will fail the test, but what about people with medical conditions who feel that chemical testing would have a negative impact on their health? Someone who takes blood thinners for blood clotting diseases or cardiovascular conditions may not want to submit to blood testing because of the potential to have a serious bleeding problem after the test. If urine and breath testing are not used in their area, they have no choice but to submit to a test that could harm them or refuse the test and pay the penalties. Someone with an immune deficiency disease may be concerned about the safety of the testing procedures being used and want to refuse testing because they are concerned about infection or a weakening of their immune system. There’s no sympathy for these individuals on the part of lawmakers; everyone must submit to chemical testing when asked to do so or they will face the penalties outlined above. Not only must these people suffer from what can sometimes be debilitating health conditions, they also have to suffer the consequences of refusing chemical testing, even if the testing procedures have the potential to harm their bodies. This is another example of how the “one size fits all” testing system is unreliable and needs to be changed for the benefit of all citizens. If you refused chemical testing because of a verifiable medical condition, contact a Riverside DUI attorney immediately to preserve your rights and get help.
Continue reading "Medical Conditions Considered No Excuse for Test Refusal" »
If you’ve ever had to take a drug test for employment, you know that some foods and beverages can cause a false positive result even if you’ve never taken any illegal drugs. Just like poppy seeds can cause a false opiate result in a drug test, some substances can cause false breathalyzer results and land you in hot water with the law. You can also get in trouble if you have used rubbing alcohol or consumed an alcohol-containing substance and the smell remains on you while you are driving. Officers at a checkpoint or traffic stop may smell this alcohol and request that you perform field sobriety tests or answer questions about what you have been doing. If the officer is persistent, he or she may request that you take a breathalyzer test to determine an approximate blood alcohol level. Unfortunately, these testing devices are fairly sensitive to any substances containing alcohol and may show a false positive even if you haven’t had a drop to drink. Since you don’t ingest mouthwash, you’ll be able to prove your case once further chemical testing is performed. However, the false positive will result in a lot of hassles for you as you try to prove your innocence and go through the embarrassment and frustration of being arrested for a crime you know that you did not commit. Further embarrassment may be caused if someone you know recognizes your vehicle pulled over at the traffic stop or if someone sees you being arrested. Even if you did nothing wrong, your reputation could be ruined or at least tarnished until you are able to explain the situation and, even then, people may believe you are trying to cover up a driving under the influence crime. Until we stop relying on a test that produces false results and isn’t very reliable, many people will have to suffer the consequences of being falsely accused of DUI. A qualified Riverside DUI attorney can give you more information about this issue. Being arrested for DUI in Riverside can be one of the scariest things to happen to an individual. Often a DUI arrest in Riverside will be the first time someone has ever been exposed to the criminal justice system. It is important that you contact a Riverside DUI defense lawyer immediately to discuss your case and protect your rights. We handle DUI cases throughout the county of Riverside, including downtown Riverside, Murrieta (Southwest Justice Center), Temecula, Corona, Banning, Moreno Valley, Indio and Palm Springs.
The United States of America is supposed to be a country where everyone (in theory) is treated equally and given the same opportunities regardless of race, color, gender, religion, national origin, and other factors that cause us all to be unique. When it comes to BAC testing, this equality doesn’t seem to be of concern to the courts and law enforcement officials because testing is performed and interpreted in the same way regardless of the race or national origin of the driver. If an African American is pulled over and asked to submit to testing, he or she will be given the same test as a Caucasian, Asian, or Indian man or woman. While giving the same test seems fair because it eliminates a variable, it actually has the potential to adversely affect people of other races and cultures. Our genetic makeup differs from race to race, meaning no two individuals can process alcohol in the same way. The metabolism of a person of one race may be slower or faster than a person of another race, meaning that they cannot process alcohol as effectively as others. This creates disparity even before other factors such as weight, body mass, and medical histories are even considered. If we truly want to have equality in terms of the law, we need to make lawmakers and law enforcement officials understand that one test cannot be used as the criteria for arresting and charging people with a crime that could haunt them for the rest of their lives. Until we accomplish this, blood alcohol testing will continue to negatively impact minorities for reasons beyond their control. Having had personal experience handling DUI cases in Los Angeles as a DUI attorney, please feel free contact our Los Angeles DUI lawyers for information and comments.
When it comes to blood alcohol testing, the results have a lot to do with how fast a person’s metabolism works and how well they can process alcohol that has been consumed. Since everyone’s metabolism functions at different levels, it seems that blood alcohol testing isn’t a very reliable method of determining impairment. In states with per se driving under the influence laws, this test is relied on for prosecution of driving under the influence charges because prosecutors do not have to show evidence that the defendant was displaying dangerous driving patterns, smelled of alcohol, or had an intoxicated appearance. If this test is being used as a tool to convict people of a crime that will haunt them forever, then certainly it should be reliable and valid for all persons. Unfortunately, this is not the case and it doesn’t seem to be of great concern for law enforcement officials and politicians who continue to allow blood alcohol testing to be used as a major piece of evidence in many driving under the influence cases. As an example of how differently people metabolize alcohol, compare an athlete with a sedentary individual that has a desk job and performs little to no exercise each day. The athlete has toned his or her body through daily exercise and has a body chemistry that allows for more efficient alcohol processing. The sedentary individual performs little to no exercise and may even be having an adverse effect on the speed of their metabolism. This individual can drink the same amount of alcohol as an athlete with a better metabolism and fail blood alcohol tests while the athlete may beat the test because their body has processed the alcohol more quickly. Until officials come up with a better system, overweight people with slow metabolisms will continue to suffer at the hands of a system that makes no adjustments for a person’s individual body chemistry or metabolic speed. If you’ve been arrested for and charged with DUI, be sure to contact a skilled California DUI lawyer to ensure that you have the best legal representation possible.
Continue reading "Blood Alcohol Testing Adversely Impacts Overweight Individuals" »
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