Georgia DUI Due to Health Problems
In a Georgia driving under the influence case, several forms of evidence may be used against you: including your behavior and appearance during the initial traffic stop and arrest, your performance on the field sobriety tests, and the results of your breath, blood, or urine test. However, some of this “evidence” involving a Georgia DUI may be due to health problems.
Let’s look at the officer’s observations that may be used against you in court. If you exhibit bloodshot eyes, slurred speech, fatigue, or impaired motor coordination, the officer may attribute these signs to intoxication. However, health problems such as allergies or hypoglycemia could result in these symptoms. Your DUI defense attorney can argue that the officer’s suspicions about your sobriety were incorrect.
Field sobriety tests are used to establish probable cause for a drunk-driving arrest. Two of these tests—the walk-and-turn and the one-leg stand—require physical and cognitive abilities that, for individuals who are overweight or who have certain physical conditions, may make passing these tests difficult or even impossible. The officer may also administer the horizontal gaze nystagmus test, which measures the involuntary jerking of the eye to determine if the driver is under the influence. However, a host of eye, neurological, and physiological conditions may cause a person to fail this test.
Diabetes, hypoglycemia, or even fever are all ailments that could cause you to fail the Georgia breathalyzer test. If you take medication for your condition, it may be detected in a urine or blood test. If the quantity is insufficient to impair your ability to drive, your DUI lawyer may file a motion to have the chemical test suppressed in your case.
If you feel you have been charged with a Georgia DUI because of health problems, speak with an attorney who knows the medicine, chemistry, biology, pharmacology, and toxicology associated with a drunk-driving case. Your attorney may call your doctor or a medical expert to the stand to testify that your illness, not alcohol, resulted in your intoxicated driving offense.
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