If you are a diabetic, you have a chance of receiving a driving while intoxicated (DWI) charge simply due to having low blood glucose levels. The main reason for this is that the symptoms of low blood glucose are similar to someone who is under the influence of alcohol. These similarities can cause law enforcement officers to issue a false DWI.
If your blood glucose levels drop, you could start experiencing dizziness, slurred speech, confusion and multiple other symptoms that might cause a police officer to think you have been drinking. Participating in field sobriety tests may cause an officer to believe his or her suspicions are justified.
A breathalyzer test can give a false positive
You might think that by taking a breathalyzer test, it will become obvious that you have not been drinking. Unfortunately, breathalyzer tests are not 100 percent accurate. Furthermore, most only detect the presence of any chemical compound that belongs to the “methyl group.” This means that the overproduction of acetone, an effect of hyperglycemia will trigger a positive result on a breathalyzer. In other words, the breathalyzer will mistake the compound for alcohol.
Hypoglycemia can contribute to accidents
Due to the symptoms you can experience when blood glucose is low, hypoglycemia can lead to car accidents that result in personal injuries and property damage. However, this does not mean that false DWI charges are warranted. Even an individual who is not diabetic can suffer from an abnormal drop in blood glucose levels and this can cause an officer to issue a false DWI. For example, if an individual is following a low-carbohydrate diet and consumes only a very small amount of alcohol, then fasting glycemia can occur and bring on symptoms that are similar to intoxication.
The conviction of a person who received a false DWI is a very serious matter and can have life-altering effects. If you have been charged with a false DWI, it is important to remember that you have the right to fight back against the charges.