Most people don’t know diabetes is a valid DUI defense.
According to the American Diabetes Association, more than 50,000 Michiganders are diagnosed with both type 1 and type 2 Diabetes every year.
Below, we outline how we use this defense to win for our clients.
Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.
The Basics of Diabetes and DUI Defense
Diabetics are often prescribed blood thinners due to increased risk of a heart attack, high blood sugar levels, stroke, blood clots, and more.
While many people recognize the health impact diabetes, there are similar concerns when it comes to legal consequences.
Unfortunately, many people don’t understand the legal implications of their condition until it’s too late.
If you’ve been charged with a DUI and have diabetes, you may have a solid defense on your hands.
Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.
Science Behind Diabetes as a DUI Defense Strategy
Diabetics are prone to hypoglycemia, which is experiencing dangerously low blood sugar levels.
Hypoglycemia is known for its symptoms that mimic drunkenness, such as:
- slurred speech
- poor balance
- impaired motor abilities
- appearing drowsy, flushed and disoriented
Additionally, diabetes can cause false high readings on breathalyzers.
This is because insulin speeds up the metabolism of blood sugar and thus, ethanol, which is what breathalyzers test for.
Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.
What is Implied Consent? Does It Apply to Me?
By driving on a public road in Michigan, you automatically consent to a breath or blood sample when asked by a police officer. This is called the “Implied Consent” law.
The test results will be used against you in your DUI case.
While implied consent applies to just about everyone, there’s a small section of Michigan residents that aren’t subject to the harsh penalties.
The law explicitly states that:
“A person afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant shall not be considered to have given consent to the withdrawal of blood.”
Simply put; you can refuse the chemical test if you have the above condition(s).
Instead, under law, you can simply tell the officer “no.”
Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.
After Refusing the Chemical Test
An implied consent refusal forces the officer to get a warrant for your blood.
Therefore, your criminal defense attorney should challenge the basis for the warrant (ex. lack of probable cause).
A skilled DUI defense attorney could even argue that the slurred speech at the time of the arrest was a result of hypoglycemia.
Therefore, the high reading on the breathalyzer is inaccurate at best.
Using Diabetes as a DUI Defense
All too often, the officer asks about your medical conditions after you’ve already consented.
This may have happened during your arrest.
Therefore, the arresting officer’s failure to know the law isn’t your problem.
If you’re diabetic and were arrested for a DUI, you need an DUI attorney that knows the Implied Consent law inside and out.
They should listen to your story and follow up on possible issues with the arrest.
What may not seem important to you at the time could very well result in an unfair outcome for your case.
This is exactly why you need a skilled DUI lawyer to fight the evidence used against you in your DUI case.
Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.
Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. When it comes to criminal defense, Barton’s reputation is stellar. He has been teaching lawyers all over the country as a faculty member of the DUI Defense Lawyer’s Association and as the President of the Michigan Association of OWI Lawyers. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Barton was also the only chosen criminal defense attorney to present to the Michigan State Police’s Impaired Driving Commission on the issues of driving under the influence of marijuana. Regarding marijuana, he has also very well known and respected. Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. He is the founder of the Cannabis Legal Group which has been delivering expert legal services to the commercial medical and AU industry since 2015. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years.