An underlying medical condition may skew DUI drug tests and produce false positive results for illegal or prescribed substances, necessitating immediate contact with an experienced Roswell Alpharetta DUI attorney after any traffic stop.
Anyone suspected of DUI in Georgia is required to provide a breath, blood or urine sample. Anyone with medical conditions should disclose them openly as doing so will help law enforcement officials assess relevant factors more easily.
Diabetes
Diabetes can produce higher than usual levels of acetone on the breath, which can mislead breathalyzer tests into mistaking it for ethyl alcohol and leading to an arrest even though you’re not drunk. This could potentially result in a DUI charge despite not actually being drunk.
People living with this condition may also suffer from acid reflux, which forces undigested food into their esophagus and could lead to false positive breathalyzer readings. Slurred speech and confused behavior could also be indicative of impairment to police officers.
Drivers suffering from medical conditions that might impact their ability to take a breath test must inform law enforcement officers prior to taking a breath test, in order to provide their defense in court. Medical documentation of your condition could also come in handy during traffic stops.
Residual Mouth Alcohol
Some medical conditions can cause mouth alcohol, leading to an inaccurate reading on a Breathalyzer. Acid reflux or GERD (gastroesophageal reflux disease), for example, can cause stomach contents (including alcohol) to regurgitate into the throat and mouth and raise breath test readings falsely. Other factors that can trigger an artificially high reading include chewing gum, certain dental appliances and asthma inhalers; burping or hiccupping may also increase results as these actions pull vaporized alcohol out from within and into the air; burping or hiccupping can raise results as these actions pull vaporized alcohol from within.
Your Roswell DUI lawyer will carefully analyze any technological recordings and police reports related to your arrest in order to counteract any prosecution reliance on breath tests. He or she may also request access to any records held by the arresting officer’s department, through a process known as discovery.
Low-Carb Diets
Individuals consuming low amounts of carbohydrates may experience ketosis, a metabolic process in which their body burns fat for energy while producing acetone as a byproduct – similar to ethyl alcohol which breathalyzer machines may mistake as positive results.
People living with diabetes, hypoglycemic conditions or fasting may also experience ketosis. Their livers produce acetone which is then eliminated through urine or breath.
Many medical conditions can interfere with one’s ability to administer field sobriety tests or accurately perform chemical analyses, including neurological disorders that cause difficulty balancing during one-leg stand tests and walk and turn tests, or medications which produce side effects which mimic intoxication such as slurred speech, shaky movements, or confusion during these exams.
Cough Drops
Breathalyzer testing is the primary chemical analysis technique utilized during DUI stops, yet many factors can adversely influence its results. Over-the-counter medicines containing alcohol such as Nyquil or Vicks products that treat cold and sinus symptoms may distort breathalyzer tests; cough drops with alcohol content could have the same impact. Even anesthetics present in mouth gels that relieve toothaches or canker sores could interfere with breathalyzer tests.
Ft. Lauderdale DUI defense lawyers can examine all aspects surrounding your breath test or field sobriety test to ascertain whether certain medical conditions or medications could have altered its result and helped influence its result. With this evidence and any others that support non-intoxication, an experienced defense attorney may help fight your charges successfully.
Medication
Acid Reflux/GERD, in which stomach contents pass into the esophagus and register as alcohol vapors on breathalyzer tests. Individuals living with this condition should inform officers if asked about medical conditions so they can be evaluated accurately for impairment.
Inhalers like albuterol, salmeterol, and budesonide contain ethanol which can skew breathalyzer results. If taken prior to taking a test they can increase your blood alcohol concentration (BAC). Certain oral gels used for toothaches or mouth sores produce trace amounts of substances that mimic alcohol’s scent on breathalyzer tests – providing skilled Roswell DUI attorneys an avenue of defense in court against evidence gathered on breathalyzer results.
