DWI and blood test as a diabetic

Asked almost 3 years ago - Freehold, NJ

I was charged w/ a DWI in Wall,NJ. I'm a type 1 diabetic & my bac on a blood test was .103. My blood sugar was 359. Should I be concerned & is this fightable? I did have some cocktails w/ my dinner (4 in a 5hr span)

Attorney answers (4)

  1. Eric M. Mark

    Pro

    Contributor Level 20

    Answered . Of course you should be concerned. DWI is a serious charge that results in large fines and long license suspensions. Blood alcohol is affected by your size, tolerance, food, health and other factors. Challenging the results would require a medical professional to assess the affect of diabetes and high blood sugar on alcohol in the blood stream. It is a very difficult and expensive defense. If you have the finances to hire an expert and/or if the consequences of a DWI are something you need to avoid, you should consider challenging the reading. All that being said, there may be other defenses to the charges based on the traffic stop, probable cause, or administration of the breath test.

  2. Mark M Cheser

    Contributor Level 20

    Answered . Wall is a difficult Court. Whether you have a defense or not you will have to defend the charge. It will not go away without a fight. Depending on your weight and who was making the drinks 4 could get you to .10. That is a per se violation of the DWI (39:4-50) statute. Even if you are able to reduce the reading anything .08 or over will make a difficult case and any reading, even under .08 can produce a convictions. You psycho-physicals also can be explained by your medical condition. The ingestion of sugar could cause similar symptoms but that is a tough defense. There are just too many issues, laws and defenses to explain in this forum. My website has a short "primer" and you can call for a free telephone consultation. Take Mr. Mark up on this offer as well. Select an attorney that you feel comfortable with, but do select an experience criminal defense attorney if you want to try to defend the case.

  3. James Alexander Abate

    Pro

    Contributor Level 17

    Answered . As my collegues have stated, DWI is a serious charge with significant consequences. At .10, you are facing a 7 month suspension of your drivers license. DWI cases cannot be plea bargained. So the only way to get out of this mess is to fight the charges. You should speak to one of the attorneys that has responded for a consultation.

  4. Kevin Jeffrey Pitts

    Contributor Level 13

    Answered . DUI cases are so complex that it would be reckless to not attempt to fight it. Some cases have less mistakes than others but almost all investigation have some mistakes. You should be concerned with any criminal charge but a many people face DUI cases and almost all of them survive. As a Florida attorney the blood draw triggers concerns that the case could involve death or serious bodily injury. That is the most common way for a blood draw in FL. Ketoacidosis can definitely cause an increased Breath alcohol content. I am not sure about a blood test but it can alter the chemical makeup of the blood and I would expect that it could also alter blood tests. Depending on how the blood was tested it can run higher. Tests on blood plasma samples register on average 15 to 20 percent higher than tests on whole-blood samples. The conversion varies depending on the person but 20% puts you just slightly above .08. If the blood test was obtained at a medical facility sometime after the stop retrograde extrapolation might come into play. Retrograde extrapolation is the mathematical process by which blood alcohol concentration at the time of driving is estimated by projecting backwards from a later chemical test. If the blood tested was a blood plasma instead of a whole blood sample your result might be just over .08%. The next question can be about the swab used to sterilize the area blood was taken from. If it was not a serious bodily injury case with procedures in place they might have used an alcohol swab. If 70% alcohol is forced into the skin by a needle some amount would likely be mixed with the sample. The stop issues arrest issues and other normal DUI challenges would apply. I practice in Florida but imagine expert testimony would be similar in other states. If you can get a reduction or dismissal without experts I would try that first. Your attorney will be better able to discuss your case and they will talk to you about the best defenses for you. They will have more information about your case and will be in the best position to advise you.

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