Are there any defenses to a DWI charge that involve diabetes?
Yes, in Washington, there are some defenses to DWI charges that involve diabetes. One of the most commonly used is the “Diabetes Defense”. This defense states that the driver had an elevated blood-alcohol level due to a medical condition, such as diabetes. In Washington, the law requires that if you have a medical condition that could affect your blood-alcohol content, then you must inform the officer. If this is not done, then the diabetes defense may not hold up in court. The diabetic’s defense must show that, although they had an elevated blood-alcohol level, they were not impaired and could safely operate a motor vehicle. The defense must further show that the period of elevation was caused by the diabetes, not by alcohol consumption. The defense must provide a medical report confirming the diabetes, as well as expert testimony to support its assertion that the elevated alcohol level was caused by diabetes and not alcohol consumption. If the defense is successful, the DWI charge may be dismissed or reduced to another charge, such as reckless driving. It is important to have an experienced attorney to help build a strong defense for a DWI charge involving diabetes.
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