There are a number of circumstances that can result in a DUI blood test false positive: diabetes, cough medicines, and vitamin supplements to name a few. Low blood sugar (hypoglycemia) can result in dizziness, wobbliness, and slurred speech, among other impairments. When driving, a sudden drop in glucose levels can be especially scary.
Contrary to popular assumption, testing positive in a DUI blood test is not incontrovertible. While blood tests are considered to be more accurate than breathalyzers and urine tests, they fall short of 100 percent accuracy. DUI attorney James Novak and the skilled team at Law Office of James Novak in Phoenix, AZ, work on behalf of clients charged with driving under the influence. We examine arrest details to uncover potential errors that could lead to reduced or dismissed charges. We have helped clear falsely accused diabetic patients.
Diabetic Episode or Intoxication?
Differentiating between an intoxicated driver and a patient undergoing a diabetic emergency is not as easy as you may think. It is normal to assume that a driver weaving uncontrollably through traffic is under the influence of alcohol, especially if he or she acts combatively when pulled over. However, failing to differentiate between a drunk driver and a patient in danger can cause serious harm. So, how can you tell the difference?
- Diabetic patients often wear medical alert bracelets and necklaces
- Diabetic patients may have an insulin pump strapped on underneath their shirt
- Diabetic patients may have medical cards and prescriptions on them
- Diabetic patients may have scar tissue on their abdomen signaling repeated injections
How Blood Tests Can Get It Wrong
While it is true that blood tests are regarded as more accurate than other testing methods, they are nonetheless imperfect. The blood sample may not be kept in identical conditions to when it was drawn, therefore putting into question the integrity of the blood specimen. Collecting blood is an error-prone process, as is storing specimens. Laboratories must also account for uncertainty in their measurements. If they do not, the results may be ruled invalid by a judge.
How Can a DUI Lawyer Help?
At Law Office of James Novak, we understand that blood tests can result in false positives. We understand the difference between intoxication and a diabetic emergency and how law enforcement error can be used to your advantage. We are experts in reviewing DUI cases to find out if a blood test sample was at all mishandled. If it was, we will push to omit the evidence.
Speak with an Experienced DUI Attorney
Smelling the scent of alcohol can be misleading and does not rule out the possibility that a diabetic patient is in need of medical attention. It is estimated that 9.3 percent of the American population is diabetic – therefore ignoring the possibility is irresponsible. If you have taken a blood test that resulted in a false positive, the attorneys at Law Office of James Novak may be able to help. We are experienced in handling DUI blood test false positive cases. We offer free consultations and will be glad to examine your case. To learn more about your rights and how we can help, visit us online or call (480) 413-1499 today.