I informed the officer that I was a diabetic and he did not say anything. I could not do the field sobriety test which I knew I would have a hard time with anyway being diabetic. But I am still curious would it make the BAC higher than normal. thanks
Native American Law Attorney
Being diabetic can affect your blood alcohol level, your ability to perform field sobriety tests,
and your appearance For example, someone with low blood sugar levels may act erratic and appear intoxicated. You will need a skilled OWI attorney to assist with presenting defenses.
This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further no attorney client relationship is or has been formed by answering this question.
Criminal Defense Attorney
It is possible that being diabetic could give a false high reading on the Intoximeter. Under some circumstances, diabetics have a higher concentration of acetone in their breath. The Intoximeter will read acetone and ethanol, thereby giving a false high reading. Simply testifying that you are a diabetic, though, would not be a defense. To raise this defense you will need an expert witness, medical testimony concerning your condition and, if possible, a chemical analysis of your breath for the presence of acetone. This would be very expensive.
This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.