If you have diabetes, you may find yourself wrongfully charged with DUI as a result of hypoglycemia or ketosis — or both.
Diabetics often experience hypoglycemia–the condition in which the blood sugar level is too low. 1 The symptoms of hypoglycemia can closely resemble those of intoxication–and may lead an officer to suspect you of driving under the influence under VC 23152(a) .
People with diabetes are also prone to “ketosis,” which involves the production of ketones. Ketones are waste substances produced by the liver when the body burns fat stores for energy. 2 Some of these ketones are excreted in the breath and can “fool” a DUI breath test. .
This, in turn, can lead to charges of driving with a BAC of 0.08 or lower under VC 23152(b) .
Therefore, diabetes can be a defense against DUI charges.
Below, our California DUI defense attorneys answer the following frequently asked questions about diabetes and DUI charges:
Can diabetic hypoglycemia lead to unfair DUI charges?
Unfortunately, diabetes and DUI charges are closely related. One basis for this connection is the phenomenon of “hypoglycemia.”
People with diabetes, whether type 1 diabetes or type 2 diabetes , experience hypoglycemia when their blood sugar level drops too low. This can happen if:
- They take too much insulin;
- They skip a meal; or
- They exercise too much. 3
What does hypoglycemia/diabetes have to do with DUI? The answer lies in the list of common symptoms of hypoglycemia, which include:
- Tremors;
- Sweating;
- Anxiety or nervousness;
- Clumsiness or sudden movements;
- Slurred speech;
- Drowsiness; and
- Confusion. 4
You may notice that these symptoms of diabetic hypoglycemia are very similar to the symptoms of having had too much to drink or taking drugs. Therefore, it is not uncommon for people with diabetes who suffer from hypoglycemia to be pulled over while driving, and for officers to suspect them of DUI or DUI of drugs based on these symptoms.
Example : Marcy has type 1 (insulin-dependent) diabetes. She and her doctor are experimenting with different doses of insulin. One evening, she is walking in a park and begins to feel dizzy and disoriented, symptoms of diabetic hypoglycemia.
She realizes she forgot to bring a snack and rushes back to her car to get home. A nearby police officer notices her stumbling a bit as she gets into her car; he follows her and soon pulls her over.
At this point, Marcy is sweating and slurring her words. She tries to explain to the officer about her diabetes, but he ignores her and arrests her for driving under the influence (DUI).
Marcy will want to speak with a DUI defense attorney about whether and how she can use her diabetes as a defense to DUI charges.
Can someone who does not have diabetes be charged with DUI due to hypoglycemia?
Hypoglycemia is more common in people with diabetes, but it can also occur in people who have not been diagnosed with diabetes. 5
The symptoms of hypoglycemia will be the same in people with and without diabetes, and can lead to unfair DUI charges in both cases.
How can diabetic ketoacidosis lead to DUI charges?
Ketosis and ketone bodies are a very common source of connection between diabetes and DUI charges in California. Ketosis can lead to a person with diabetes being arrested for DUI because it can lead to:
- A police officer; or
- A DUI breath test.
How diabetic ketosis can lead to an officer arresting you for DUI
The bodies of people with diabetes either do not produce insulin, do not produce enough insulin, or do not use insulin properly. 6 Without insulin, the body cannot use glucose for fuel. Instead, it burns fat, which is broken down by the liver. 7
During the process of breaking down fat, the liver produces toxic byproducts. These waste acids are known as “ketones.” 8
Ketones are excreted in both urine and breath. 9 But in many diabetics, the liver produces too many ketones for the body to completely eliminate. The resulting buildup of ketones can lead to diabetic ketoacidosis (“DKA”), a potentially life-threatening condition. 10
Unfortunately, the symptoms of DKA often resemble those of alcohol poisoning. A police officer who is not an expert in diabetes could easily arrest a person suffering from DKA for DUI. Symptoms of DKA that can lead to DUI charges include:
- excessive thirst or dry mouth,
- frequent urination,
- laziness,
- a reddened face,
- nausea and/or vomiting,
- confusion,
- decreased coordination and
- “sweet” smelling breath that can be confused with alcohol. 11
How Diabetic Ketosis Can “Fool” a DUI Breath Test
In addition to fooling an officer, ketosis in people with diabetes can trick a DUI breath test into reporting a falsely high blood alcohol concentration (BAC).
Ketones are similar in composition to isopropyl alcohol. 12 This is different from ethyl alcohol, the type of alcohol found in alcoholic beverages. 13
But despite manufacturers’ claims, many DUI breath test devices in California do not reliably distinguish between ketones and ethyl alcohol. 14
Therefore, when a diabetic person’s body produces an excess of ketones, they may fail a DUI breath test in California. This can happen both when they are not actually drunk, and when they have not been drinking at all.
Example : Eric has just been diagnosed with type 2 diabetes. While he and his doctor work to find the best treatment program for him, he suffers from ketosis.
On a day when his body is producing large amounts of ketones, Eric grabs a beer and some snacks with his coworkers after work and then drives home. An officer pulls Eric over for a broken taillight. The officer mistakes Eric’s bad breath and flushed face—the result of the DKA—for signs that he’s been drinking and arrests him for DUI.
At the police station, Eric takes a breath test for DUI and gets a result of 0.09, above the legal limit, even though he’s only had one beer. His diabetes, and the ketones it created, are likely to blame for this.
Can ketones fool a DUI breath test even if I don’t have diabetes?
Diabetes isn’t the only cause of ketosis. High-protein, low-carb diets (such as the “Atkins” or “Paleo” diet) can also cause the body to produce ketones.
Therefore, ketones may be a valid defense to DUI even if you have not been diagnosed with diabetes.
What should I do if I have diabetes and am charged with a DUI?
An experienced California DUI defense attorney should understand the impact of diabetes on a DUI case. Under the right circumstances, diabetes can be a powerful legal defense to fight DUI charges .
Your attorney, possibly with the help of a DUI expert witness, can explain to the prosecutor – and, if necessary, to the jury – how hypoglycemia and/or ketones might have affected your DUI arrest or the results of your DUI breath test. And when you do, the prosecutor may reduce the charges – or even drop them altogether.
Call us for help…
To learn more about the relationship between diabetes and DUI in California, or to find out if diabetes could be a defense in your DUI case, please feel free to contact us at the Shouse Law Group.
Our California DUI law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay Area, and several nearby cities.
To learn more about diabetes as a defense in a Nevada DUI case, read our article on Diabetes as a Defense in a Nevada DUI Case .
Legal references:
- Mayo Clinic, Diabetic Hypoglycemia [can lead to intoxication-like symptoms and, therefore, to DUI charges].
- WebMD, Diabetes Health Center: Ketones .
- Mayo Clinic, Diabetic Hypoglycemia [can lead to intoxication-like symptoms and, therefore, to DUI charges].
- Mayo Clinic, Symptoms of diabetic hypoglycemia [similar to DUI symptoms].
- WebMD, Hypoglycemia in People Without Diabetes [may mimic signs of DUI].
- Emedicine Health, Diabetes: Differences between type 1 and type 2 diabetes .
- American Diabetes Association, Hyperglycemia (high blood glucose).
- Equal.
- Alice and Fred Ottoboni, Ketosis, Ketone Bodies, and Ketoacidosis: Modern Nutritional Disorders, 2nd Edition , Chapter 8 (Lipids), February 20, 2013 [provides context for the connection between diabetic ketosis and DUI].
- San Francisco State University, What are ketones and why should I know about them? [provides context for the connection between diabetic ketosis and DUI].
- American Diabetes Association, DKA (Ketoacidosis) and ketones [provides context for the connection between diabetic ketosis and DUI].
- Jeanette Allen Behre, Studies on the excretion of ketone bodies , Journal of Biological Chemistry, June 25, 1931, J. Biol. Chem. 1931, 92:679-697.
- Craig Freudenrich, Ph.D., How Alcohol Works: Ethyl Alcohol [provides context for the connection between diabetic ketosis and DUI].
- Lawrence Taylor, Drunk Driving Defense 3rd Edition , page 685. (“…there is a possibility that isopropyl alcohol may be generated when introducing carbohydrates in the presence of ketoacidosis [common in people with diabetes] and that the Intoxilyzer [DUI breath test instrument] may not be able to reliably distinguish between ethanol and isopropyl alcohol.”)