When you were pulled over, gave a sample of your breath, and tested positive for exceeding the legal blood alcohol content (BAC) limit, it’s normal to feel you're bound for an automatic conviction. After all, how can you convince the judge that you weren't drunk when the device said otherwise? Fortunately, hope is not lost.
You would be surprised to know that there's an explanation why your BAC level is high — medical reasons. As there's no open-and-shut DUI case in Illinois, there is always a way to beat or at least reduce your charge no matter how strong the prosecutor’s argument may be.
Of all the possible defenses, Noll Law Office noted that certain medical conditions can overrule the offense. Granted that the officer properly maintains and calibrates their device, the mouth alcohol it captured may be still not due to alcoholic drinks.
Type 1 Diabetes
If you live with diabetes, your insufficient supply of insulin could cause your body to produce ketones — organic compounds have a similar composition to isopropyl alcohol. Some DUI testing devices can’t always tell ketones and ethyl alcohol (the type of alcohol found in alcoholic beverages) apart. To make matters worse, ketosis can have similar signs of drunkenness.
This infection may indirectly influence the BAC reading if you took a medication that contains alcohol, like NyQuil. This drug is a relief for an array of common cold symptoms, which may potentially increase your mouth alcohol.
People suffering from GERD could lead to a false BAC reading. In this condition, your gastric acid flows back into your esophagus, carrying stomach contents back into your mouth. When this happens after you had a shot or two, the result of your breath test may be inaccurate because the device may collect a combination of the alcohol from your lungs and regurgitated alcohol from your stomach.
Proving your innocence using these medical conditions can be challenging, but nonetheless doable. With excellent legal representation, your DUI lawyer can help make a solid case for your dismissal.