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Do you have any information regarding high BAC and Diabetes? Breathalizer refused, blood test forced.

Colon, MI |

I am a borderline diabetic type II with an alleged very high (1.6) BAC I also have a host of other medical problems, and am on several different medications. Had two beers approximately 4 hrs before being stopped, arrested, and forced to take a blood test.
I hadn't eaten that day, nor had I taken any meds (have to eat, then take meds).
Had to make a 15 mile trip to go to the store for food, and didn't take them because some of it makes me drowsy. I'm beside myself as I know I wasn't drunk. How could my BAC be that high?

1st offense

Attorney Answers 3


The answer to most questions like this is simply:

"Maybe, I don't know, I need more information."

Broad answers will not give you the specific legal answers you deserve, and can even mislead you.

Only a proper consultation and discovery process can give you the definitive answers you need.

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Diabetes and DUI is a very complicated issue. High alcohol readings are common in breath tests because the machine is not sophisticated enough to distinguish between exhaled alcohol and the ketones which are a byproduct of processes within the body that are exacerbated by diabetes.

Blood tests are a less frequently encountered problem with a diabetic accused of DUI. If you have an elevated blood sugar, that could conceivably tilt a problem with the drawing of your blood sample even further towards the artificially elevated BAC reading.

In short, if you are planning to defend against this accusation, you will need the benefit of an experienced DUI defense attorney as well as a toxicologist and a review of your medical records. Many qualifed attorneys can be found here on Avvo. Call a few and see if they can address your concerns.

Best of luck.

John Buckley

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Generally the answer is not on a blood test but a qualified toxcologist or a highly trianed lawyer could tell you if there were interferents such as isopropanol that were read as part of the results from your blood exam. also, it makes a huge difference whether a hospital tested the blood using an instrument other than a GC/MS or not. clearly when blood is involved you would be best served by hiring a highly qualified lawyer who is familiar with this area of the law. Check the Natioanl College for Defense of Drunk Driving website(NCDD) to find one in your area.

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