As we navigate through the beginning of 2025, notable holidays such as Thanksgiving, Christmas, New Year’s, and the approaching St. Patrick’s Day mean that law enforcement is particularly vigilant on our roadways. These celebrations typically result in an increased police presence aimed at detecting and apprehending impaired drivers.
But what happens if you find yourself arrested and charged with DUI despite having a pre-existing medical condition?
What if the alcohol you consumed wasn’t the actual cause of your impairment? And what if you weren’t impaired at all, but rather experienced a reaction to medication or felt exhausted after a long day at work?
You are not alone: officers conducting DUI arrests often assume impairment is solely due to alcohol, even when medical issues might contribute to your symptoms. This false assumption could form the basis of a potential defense against your DUI charge.
Every year, countless drivers are arrested for DUI and DWI, often without thorough consideration of their medical conditions that could affect the outcome of their cases. Unfortunately, some lawyers overlook these medical factors, which may either mitigate or completely refute a DUI charge. In my recent experience, nearly every case I have handled in the last six months—whether resulting in dismissals, acquittals, or significantly reduced charges—involved the presentation of compelling medical evidence in my client’s favor. Many cases featured individuals whose medical conditions influenced law enforcement’s roadside assessments, leading to wrongful arrests.
So, what does this mean for you? It’s crucial to hire an attorney who will ask the right questions about your medical history, as this information could be vital in proving your innocence regarding the charges.
What Medical Conditions Could Influence My DUI Case?
Consider these conditions that might affect your level of impairment:
- Prescription Medication: Can interact with alcohol and produce various side effects
- Diabetes: This condition can cause the body to produce alcohol-like substances
- Multiple Sclerosis (MS)
- Traumatic Brain Injuries (TBI): Previous injuries from sports or accidents may impact coordination
- Sleep Disorders: Driving while fatigued can mimic DUI symptoms; exhaustion is not a crime
- Physical Injuries: Issues with knees, back, or feet can affect driving ability
- Vertigo and Vestibular Disorders
- Asthma
- Sleep Apnea: Can lead to nighttime disruptions and fatigue
- Metabolic Disorders: Affect the body’s ability to process alcohol
- Migraines
How to Identify Medical Defenses for Your DUI Charge
The first step is to find the right attorney who will thoroughly investigate your medical history during the intake process. A diligent lawyer will inquire about relevant medical questions: “Do you snore?” or “Have you sustained head injuries in the past?”
While some clients may be aware of their conditions, insightful questioning can uncover previously unknown defenses.
For example, I once represented a client with a commercial driver’s license who displayed poor motor coordination and a low blood alcohol content (BAC). Upon discussing his medical history, I discovered he had severe sleep apnea and was sleep-deprived after working a double shift. These factors were crucial in arguing that his symptoms were not due to alcohol impairment.
Often, I will have clients complete a HIPAA form allowing me to obtain their medical records from healthcare providers. This early step enables us to assess the viability of obtaining necessary medical evidence or conducting further testing, such as for sleep apnea, which could take time for insurance approval. In the case mentioned previously, the client underwent testing, and we successfully used his sleep apnea diagnosis to have the DUI charge dismissed, also improving his overall health in the process.
Presenting Medical Defenses
For relatively straightforward medical conditions, documentation from a doctor’s office can suffice. More complex issues—like drug interactions or metabolic disorders—may require expert testimony, necessitating the hiring of a medical professional to testify in court. While this can be expensive, the outcome may justify the investment.
When Medical Defenses Fall Short
Medical defenses can serve as partial or complete defenses against a DUI charge only if there is independent documentation to support your claims. For instance, asserting that a prior head injury caused balance issues without medical evidence will likely be ineffective. It’s crucial to obtain proper medical documentation and consult with your attorney before proceeding with any claims.
Contact an Aggressive DUI Defense Attorney
In summary, the importance of hiring an attorney who will thoroughly examine your medical issues cannot be overstated. Understanding potential defenses is essential for anyone facing DUI charges—whether first-time or repeat offenders. Your medical history could be key to uncovering defenses that mitigate or entirely dismiss your case.
If you have questions or need representation for a DUI or believe you have been falsely arrested for a DUI, contact Kurt E. Nachtman and the Silverman Thompson DUI defense team at kurt@silvermanthompson.com or 800-385-2243.