I'm a diabetic and was recently pulled over and breathlyzed at .043. Is diabetes a legitimate defense?

Yes, diabetes can be used as a defense. You will want to provide your lawyer with your medical records to show that you are diabetic. As you are aware, you can either be hypo or hyperglycemic. Depending on which way you are leaning will determine how much your diabetes may or may not effect your defense. There are many good articles online that explain these defenses in much more detail. Good luck.

There is a great deal of confusion on this issue. What is necessary for this defense to be effective is for you to have been in a state of hyperglycemia or elevated blood sugar. What happens within the body is that when you lack the proper amount of insulin, your body cannot metabolize the sugar because there is no insulin to transport sugar across the cell membranes. Sugar levels rise but the real issue is that the body begins to utilize stored fat as an energy source.

When the body breaks down fat, it begins to spin off ketones as a byproduct. It is these ketones that cause the 'fruity' odor on the breath and the presence of these ketones on the breath can result in an elevated breath alcohol level. Breathalyzer machines are not very sophisticated and cannot distinguish between chemical compounds on the breath that have similar makeups. That is true of alcohol and ketones.

This is a fairly complex problem to present to a jury and illustrates why DUI cases are actually quite complicated forensic creatures although they aren't sexy enough to make it onto TV shows like CSI.

You need to consult with a qualifed DUI attorney in your jurisdiction.

Best of luck.