Medical Conditions Police Mistake for DUI

If a police officer notices you driving in a manner that leads them to believe you are under the influence, they only need reasonable suspicion to pull you over for a suspected DUI. However, people can sometimes drive erratically even when they are not impaired. Some medical conditions can cause motorists to act in a similar fashion to being impaired. Below, our Fort Lauderdale DUI lawyer explains what these are.

Common Medical Conditions Mistaken for DUIs 

Swerving or otherwise driving erratically can be caused sometimes by medical conditions. Some of the most common conditions mistaken for DUIs are as follows:

• Brain injuries: If a person has suffered a traumatic brain injury, or they are experiencing the effects of a concussion, they may behave in an inconsistent manner or have difficulty speaking. A police officer may interpret this behavior as a DUI.
• Diabetes: Diabetes can cause instability in a person’s blood sugar. If a person’s blood sugar gets too high or too low, they can become disoriented and dizzy. Diabetics can also experience ketoacidosis, which results in ketones in their system. This can result in a false positive if the diabetic takes a breathalyzer test.
• Epilepsy: Drivers who suffer from epilepsy may experience a seizure without warning. A driver who is having a seizure can act erratically, such as staggering or becoming dizzy or agitated. All of these can lead an officer to suspect a DUI.
• Dementia: Dementia is a degenerative condition that causes extreme confusion. It is also a condition that is often not diagnosed right away. The agitated or bewildered actions of a driver suffering from dementia can lead the officer to conclude that the driver is drunk.

Medical Conditions Cannot Secure a DUI Conviction in Florida 

In order to be convicted of a DUI, the prosecution must prove that you were under the influence of alcohol, a controlled substance, and certain chemical substances. Regardless of how you were driving, if it was due to a medical condition, you cannot be convicted of a DUI in Florida.

Legal Complications for Behavior Behind the Wheel 

It is important to know that even if you have a medical condition, you may face legal complications for getting behind the wheel. For example, if you are not feeling well and you swerve improperly, police can still issue a ticket for dangerous driving and improper lane changes. Additionally, if your medical condition creates an unsafe driving hazard, you could also lose your driver’s license.

Our DUI Lawyer in Fort Lauderdale Can Help 

A medical condition can provide a defense to a DUI, but you will have to prove your case and this is not always easy. At Haber Blank, our Fort Lauderdale DUI lawyer can collect the necessary evidence to prove your medical condition and show that you were not intoxicated while behind the wheel. Call us today at 954-767-0300 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html