I don't believe diabetes will throw a blood test off to that extent. It can throw off a breath test. It may well have caused your accident, though. You should be aware that consuming alcohol can cause your blood sugar level to go off the chart resulting in symptoms that mimic intoxication although they are not.
"Since a diabetic has the potential to perform poorly on field sobriety tests and give off a high BAC reading, even though he or she may not be intoxicated, the chances of being arrested for DUI or DWI are significant. If you are a diabetic and are facing DWI or DUI charges that are unjustified, you need to contact a DUI lawyer or DWI lawyer immediately. An experienced attorney will be able to review your case, including your medical history, to help you build a strong defense. Too many diabetics are wrongfully accused of driving under the influence when in reality, they were just experiencing the symptoms of hypoglycemia."
How is it that they had access to your blood test? Labs do make mistakes. There are real issues in this case that could provide a defense.
You should be talking with a local DUI / DWI attorney as soon as possible. You could lose your license even if you win your case unless you act quickly.
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--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
--- Field sobriety "tests"
--- DUI/DWI/Drugged Driving with Prescription Drugs
--- Ten Days to Save Your License - Administrative Suspension and Refusals in Wisconsin
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Because DUI is based upon an analysis of blood, every aspect of your medical condition is important, particularly diabetes, anemia, and other blood related diseases. My office employs a legal nurse consultant for the purpose of reviewing a client's medical history. When necessary, we may engage the services of a consulting or testifying expert hematologist or other specialist,
It is also important to remember that trauma, and the use of lactated ringers in the emergency room can affect BAC. However, the first, and most important step in any DUI defense case is to consult with an attorney, like me, who will fully and fairly evaluate your case in conjunction with your individual circumstances and goals.
F. Dean Morgan, Esquire
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That is a very high BAC. An expert would need to review it and say whether it had an affect. The more liekly way it could affect the trial would be if the BAC test were thrown at. At that point they could attempt to prove you were intoxicated by your behavior, alcohol on your breath and the accident. The blood sugar could affect your behavior and cause the accident. There are many possibilities, so speak to an attoreny experienced in this area.
Michael L. Doyle
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