I was convicted of a Dui, I am also Diabetic and had an extreme low blood sugar when I was pulled over, can I get a better plea?
5 attorney answers
As you have already been convicted, there is no "plea" left to get better. DUIs in ND are very regimented. if you have a low blood sugar, you are not going to get a DUI. There are other charges for such types of impaired driving. DUIs result from either a refusal to take a blood alcohol test or the results from on that shows too high a concentration in your blood.
If you want to try to challenge a DUI you really need to start at the probable cause for the stop. Then, you can move on to the test itself.
You state that you were already "convicted of a DUI." Have you already entered a guilty plea? If so, absent a manifest injustice or some serious defect in the plea you are out of luck.
If you're only charged with DUI -- and not yet pled guilty to DUI -- it's important to speak with a DUI attorney because DUI defense is hyper-technical. In North Dakota, there are minimum mandatory sentences that apply to include an enhanced fine and jail time if your BAC is over a .16 and it's a first offense. They are much more serious if you have priors within 7 years. Defenses range from challenging the stop, the SFSTs, the chemical test, prosecutorial issues and non-production of required documents, etc.
Remember that there are two sides to a a DUI. The 1st is the criminal side which we are talking about; however, the 2nd side is the DOT side. You have a very limited time to request an administrative hearing and challenge the license suspension that will very likely occur.
I have more information on DUI defense on my webpage and have written an AVVO booklet about DUI stops as I'm a former police officer and prosecutor.
**Please note this is general information only and should not be construed to create an attorney/client privilege. You should consult with an attorney privately to obtain specific advice in your case.
I suggest that you contact a ND DUI attorney and discuss your prospect in a free consultation. You can contact me at 701-223-5300.
I was a DUI prosecutor the low blood sugar defense gets obliterated and no sane attorney argues that. Plus no jury believes that. That may work for like a 0.081. You were a 0.166 and a 0.195. You're beyond the point of using tricks to get the BAC down. Unless you really think the jury will believe that your diabetes caused you to drink, black out, drive on the wrong side, blow a 0.166 or a 0.195 and it's all a big misunderstanding. The prosecutor won't believe it. Get ready to plead guilty or go to trial.
Better yet, GET A LAWYER. Your attorney can help you comprehend what I just explained.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
Generally, using low blood sugar as a defense is not going to fly. When you live with diabetes you are well aware that you can make poor decisions when your blood sugar is low. If you know this, it would be a good idea to give someone else your keys when you are going out. That way if you blood sugar drops they can look out for you. From the numbers you provided your blood alcohol level was more that twice the legal limit. If you had an interlock device attached to your car it could have stopped you from driving the car. Interlock devices are expensive, but they still "cost" less that a DUI.