Is Diabetes a DUI Defense in Wisconsin?

Charged with a DUI in Wisconsin? A diabetic episode might provide a defense

Police officers in Wisconsin are always on the lookout for potential drunk drivers. While this approach comes in an attempt to protect people from dangerous drivers, at times it can lead to arrests that connect to something other than actual intoxicated driving. If you have diabetes, or even have a hypoglycemic episode without having been diagnosed, this can provide a defense to a DUI or OWI charge in Wisconsin.

Understanding the Symptoms

Hypoglycemia creates a number of symptoms that, to an arresting police officer, can raise suspicion of intoxication, including the following:

  • anxiety
  • heart palpitations
  • sweatiness
  • shaking
  • dizziness or confusion
  • irritability
  • blurred vision
  • slurred speech
  • loss of coordination

All of these mirror to some extent the symptoms of alcohol impairment. If a police officer conducts a field sobriety test and identifies these symptoms, he or she may well choose to arrest you without conducting a breathalyzer or blood test. When this happens, you should cooperate fully, but let the officer know if you are diabetic.

Challenging the Arrest

It is possible, even likely, that your hypoglycemia caused you to drive erratically, or at least to make a move on the road that led to your being pulled over. But while driving under the influence of alcohol or drugs is illegal, driving while diabetic is not. When your medical condition caused you to swerve or otherwise act in a way that led to your being pulled over, a DUI arrest is not proper.

When something like this happens, you may not have been diagnosed as a diabetic. Many suffer undiagnosed. In addition, other health conditions can trigger hypoglycemic episodes that create these symptoms. You should see a medical professional as soon as possible to get a proper diagnosis.

If you do suffer from hypoglycemia, this can serve as a powerful defense against your DUI or OWI charges. You can contact Eisenberg Law Offices in Madison, Wisconsin to discuss your conditions and your options. These charges can impact your life for years; you want a solid defense strategy to help protect your rights and your good name.

EISENBERG LAW OFFICES

308 East Washington Avenue Madison,
WI 53703
(608) 256-8356

Eisenberg Law Offices, s.c.

Madison WI Attorneys since 1983

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