Living with diabetes can sometimes be a viable defense against DUI charges in Nevada. This is due to the fact that individuals with diabetes often produce ketones, which can lead to inaccurately high readings on DUI breath tests. These false readings may erroneously indicate the presence of alcohol in the breath, even when no alcohol has been consumed.
In this article, Bourassa Law Group attorneys shed light on how people with diabetes who undergo breath tests may encounter exaggerated BAC (blood alcohol content) readings and display symptoms resembling intoxication. Consequently, this could potentially aid in mounting a defense against drunk driving charges in Nevada. The article delves into the following key points:
- Understanding diabetes
- The connection between diabetes and false arrests or convictions in Nevada
- Diabetes as a defense against DUI charges
Understanding Diabetes
The human body utilizes carbohydrates as a primary source of energy. The carbohydrates are broken down into sugars, including glucose, commonly known as “blood sugar.” Glucose is the fuel that the human body requires to function.
In individuals without diabetes, the pancreas releases insulin in response to glucose being released into the bloodstream. Insulin plays a crucial role in facilitating the delivery of glucose to various parts of the body. However, for individuals with diabetes, the pancreas does not produce enough insulin, leading to inadequate utilization of glucose as a fuel source. As a result, the body shifts its reliance to fat for energy.
The breakdown of fat occurs in the liver, and this process generates waste acid byproducts known as “ketones.” Ketones are eliminated from the body through urine and expelled through breath. In individuals with diabetes, the lack of insulin causes the liver to produce excessive ketones. This excess of ketones can give rise to a potentially life-threatening condition called diabetic ketoacidosis (DKA).
It is crucial for individuals with diabetes to effectively manage their insulin levels and monitor the presence of ketones to prevent the onset of diabetic ketoacidosis. By understanding the body’s reliance on glucose and the production of ketones, appropriate measures can be taken to maintain stable blood sugar levels and avoid the risks associated with DKA.
The Connection Between Diabetes and False Arrests Or Convictions In Nevada
A person who is sober but has diabetes may experience false positive results on a DUI breath test or exhibit symptoms that resemble intoxication.
DUI Breath Test in Nevada
In Nevada, individuals arrested for drunk driving will take a DUI blood test or a DUI breath test to measure their blood alcohol content (BAC). It is important to note that driving with a BAC of .08% or higher is considered illegal in Nevada, regardless of whether the person feels impaired or is driving safely.
In the case of diabetics, they are more likely to have an excess of ketones in their system, a condition known as “ketosis.” Ketones resemble isopropyl alcohol, which is different from the ethyl alcohol found in alcoholic beverages. However, DUI breathalyzers may not always differentiate between ketones and ethyl alcohol. As a result, when sober diabetics take a breathalyzer test, they may receive a falsely elevated BAC reading due to the presence of ketones.
Symptoms Similar to Intoxication
When Nevada law enforcement officers determine whether to make a DUI arrest, they observe physical and behavioral signs of intoxication. However, a sober person with diabetes may be experiencing diabetic ketoacidosis (DKA), which can cause them to exhibit symptoms that resemble drunkenness. Some common symptoms of DKA, which can be mistaken for intoxication, include:
- Ruddy complexion
- Sluggishness
- Confusion
- Nausea and vomiting
- Fruity breath
- Lack of coordination
It is essential to recognize that people with diabetes who have not consumed alcohol may appear intoxicated due to DKA symptoms. Understanding these factors can help prevent misunderstandings and ensure accurate assessments of individuals with diabetes during DUI investigations.
Diabetes As a Defense Against DUI Charges
It is not a crime to drive with diabetes in Nevada, which means that charges regarding DUI can be dismissed if the defendant’s attorney can provide evidence that the high blood alcohol content (BAC) readings and intoxication-like appearance were a result of the defendant’s diabetes rather than alcohol consumption.
Under such circumstances, the criminal defense attorneys often rely on the medical experts’ testimony and medical records to demonstrate that the defendant has diabetes. By presenting this evidence, along with the understanding that diabetes can lead to inaccurate breathalyzer results and behavior resembling intoxication, the defense aims to create reasonable doubt regarding whether the defendant was truly driving while under the influence. Discover more about taking a Nevada DUI case to trial.
Seek Legal Representation Today!
If you have been arrested for DUI in Nevada, it is crucial to consult with experienced Las Vegas criminal defense attorneys. Our firm can provide valuable consultation to assess your case and explore potential strategies. Our goal is to work towards getting your DUI charge reduced or even dismissed without the need for a trial. Don’t hesitate to reach out to us for professional legal assistance.