Can a blood test taken for a DUI that measures .074 be overturned because the person has diabetes and takes glucophage daily? Pill taken in the morning along with lisiniopril and also taking antibiotic for bronchitis type symptoms. Where can I get proof if this is true?
.o74 is below the per se limit in all of the lower 48....that being said although the blood alcohol test is a very accurate measure of ones true blood alcohol content you would be best advised to contact an attorney who specializes in dui defense and discuss a potential defense related to blood SUGAR levels with regards to the administration of glucophage. It is incumbent on the investigating officer to obtain and understand the interactions of medications prior to administering SFST's and or filing charges of DUI. Low blood sugar brought on by glucophage could potentially manifest itself in a number of ways that mimic alcohol impairment and absent glucometry by a certified professional immediatly prior to DUI tests any officer might be hard pressed to overcome that defense.
Irregardless of that and most importantly one SHOULD NOT drink and drive period and furthermore should advise any law enforcement officer of there condition if stopped. There are some potentially severe ramifications however if you were to submit this defense. In most states if one was adjudicated not guilty of DUI due to diabetic hypoglycemia it is possible that your privledge to drive could be suspended or restricted pending a medical exam and determination of your continued fitness to drive just as seizure patients experience.
Good Luck and REMEMBER
OVER THE LIMIT UNDER ARREST.....NONE for the road
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