Are there any defenses to a DWI charge that involve diabetes?

Yes, there are defenses to a DWI charge involving diabetes in California. A person accused of driving under the influence (DUI) of drugs or alcohol may have a reasonable defense if they are diabetic and their blood-alcohol content (BAC) was not above the legal limit of 0.08%. A person with diabetes may have higher levels of alcohol in the blood due to various factors such as the amount of food eaten before drinking, the type of diabetes, the amount of alcohol consumed, and the manner in which it was consumed. If a person is charged with a DUI, their attorney may consider presenting evidence related to their diabetes to show that their BAC did not reach the legal limit when they were behind the wheel. If a person’s attorney can establish that their BAC was below the legal limit due to diabetes, this could be considered a valid defense. In some states, a person can be acquitted if the attorney can show that their diabetes made them more susceptible to alcohol. In some cases, an attorney may present evidence to show that a person’s diabetes caused them to have higher levels of alcohol while they were driving. It should be noted, however, that even if a person’s diabetes was a factor in the higher levels of alcohol in their system, the DUI charge may still stand. To successfully use a diabetes-related defense, a person must be able to show that their diabetes made them more susceptible to the effects of alcohol, and that they did not have any intention of driving while intoxicated.

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