Operating under the influence (OUI) arrests typically follow people having too much to drink and then driving afterward. Police officers arrest those involved in crashes who fail chemical tests and drivers who act unusually during one-on-one traffic stops.
However, a small but noteworthy percentage of those accused of drunk driving may not have actually consumed an irresponsible amount of alcohol. There are outside factors that can manipulate circumstances to make it look as though someone broke the law when they may not have done so.
Sometimes, test results are inaccurate because the police department did not properly maintain the testing device used to calculate blood alcohol concentration (BAC). Other times, issues with test accuracy stem from medical challenges that undermine the accuracy of test results.
How can the health of a driver lead to an inappropriate OUI charge?
By altering test outcomes
There are quite a few different medical conditions that can create false positive test results during a drunk driving traffic stop. Those who have not yet controlled their diabetes or are waiting on a formal diagnosis could have inaccurate test results because of blood sugar issues.
Others might have unusual medical conditions, like Auto-brewery syndrome, that make them seem like they are under the influence even when they have had nothing to drink. Those with certain medical challenges might have to follow a specialized diet, like the keto diet, which could affect the accuracy of breath test results. There are also a variety of common medications, including certain asthma inhalers, which can produce false positive results on a chemical breath test.
Beyond that, there is the accuracy of field sobriety testing to consider. Conditions including musculoskeletal disorders and anxiety-based mental health conditions can affect how well people perform on field sobriety tests. In some cases, drivers may need help proving that they have medical challenges that affected the accuracy of field sobriety and chemical testing.
Fighting OUI charges with a medical defense can be an option for those who have health issues that could affect the accuracy of roadside testing. Those who consider different defense strategies can improve their chances of avoiding a conviction.
