Did Your Medical Condition Result in a DUI Charge?

Officers patrolling the California highways are trained to perform what is called a "field

sobriety test" when they find a driver that they suspect is operating a vehicle over the

legal blood alcohol limit of .08 percent. For the average person, this means drinking at a

rate of one alcoholic beverage or more per hour.

However, a huge number of conditions can cause a person to test well above the legal

limit, even when they have not consumed enough alcohol to become drunk. In some

cases, subjects test positive when they've had no drinks whatsoever. Here are some

common medical conditions that can cause a driver to flunk some or all of the field

sobriety tests, including the breathalyzer. A competent Orange County DUI attorney can

help you fight these unfair charges.

Gastro Esophageal Reflux Disease

Also known as gastric reflux, this is a condition that causes the contents of the stomach to

leak backwards up the esophagus. If someone with this condition experiences an episode

just before or during the breathalyzer test, it can give a falsely high reading. Even those

without this disease can have a false reading due to spontaneous reflux if they've just

eaten a spicy or abnormally large meal.

Chronic Obstructive Pulmonary Disease (COPD)

People with COPD are unable to breathe normally, which can fool the breathalyzer into

producing a falsely high reading. In fact, any condition which renders the person unable

to breathe with average force can cause a false high reading on the breathalyzer test,

including lung disease.

Gastric Alcohol Fermentation Syndrome

A rare but real condition, known as auto-brewery syndrome, can cause a person's body to

turn food into ethanol. The condition is treatable, but it can cause a person who has

consumed no alcohol whatsoever to test more than four times the legal limit for blood

alcohol content (BAC).

Dental Problems

A number of dental problems can cause slurred speech, foul-smelling breath, and other

indicators of intoxication, including periodontal (gum) disease, poor bridge work, and

dentures. Recently using an alcohol-based mouthwash can also cause a falsely high

reading on a breathalyzer.

Running a Fever

Suffering from the flu or another ailment that runs up the body's internal temperature can

lead to falsely high readings on parts of the field sobriety test. Additionally, some of the

medications taken to treat a fever or flu can cause a false BAC reading, particularly if

those medications contain alcohol.

Menstruation

During menstruation, women can actually lose enough blood to render their bodies less

capable of digesting and eliminating alcohol than normal. In some cases, this can cause

the woman to become drunk much quicker than usual, and to register abnormally high on

a breathalyzer.

Heart Disease

Heart problems, as well as many medications used to treat heart disease and its

symptoms, can cause a person to appear drunk and often to test falsely high on a

breathalyzer.

Inner Ear Conditions

The ability of the human body to balance itself properly lies in the inner ears. If fluid,

inflammation, infection, or other problems exist, a person can stumble, appear drunk, and

fail parts of the field sobriety test, even if they are completely sober.

Attention Deficit Disorder

ADD affects three to five percent of the American population, and can cause a person to

be unable to understand and remember an officer's roadside instructions. This can lead to

failing a field sobriety test.

Injuries

Injuries, especially those involving the back, hip, knees, legs, ankles, and feet, can

severely affect a person's ability to properly balance, stand on one leg, and perform other

aspects of a field sobriety test, even if the person is totally sober.

Nystagmus

One of the indicators for intoxication that officers are trained to look for during a traffic

stop is jerky eye movement. However, a number of medical conditions can cause these

same eye movements in a sober person. Eye disease or injury, as well as certain

hereditary conditions, can cause nystagmus without the presence of alcohol in the system.

If you suspect that a medical condition caused you to be arrested for DUI, contact an

experienced Orange County DUI lawyer who can help you prove your case in court.

Bio:

Barry T. Simons is not just any Orange County DUI attorney, he truly wrote the book on

California DUI law. Along with his colleagues, he has successfully defended thousands

of people unfairly accused of driving while intoxicated. A successful defense starts early

-- do not delay in contacting a lawyer to help you fight the charges levied against you,

especially if the DUI was a result of a medical condition you have no control over.

Sources:

1. http://www.dmv.ca.gov/about/profile/rd/resnotes/baclimit.htm

2. https://www.nhlbi.nih.gov/health/health-topics/topics/copd/

3. http://www.themedicalbag.com/raredisease/gut-fermentation-syndrome

4. http://www.additudemag.com/adhd/article/688.html