Allegations of operating while intoxicated (OWI) offenses can be inspired by seemingly minor mistakes. In some cases, drivers may feel deeply confused about pending OWI charges because they didn’t have anything to drink or only had a single beverage. They might question the accuracy of breath test results. Occasionally, issues with a testing device could result in an unfair OWI charge. Other times, medical challenges might be why people end up accused of drunk driving unfairly.
There are a variety of scenarios in which medical issues could contribute to inappropriate OWI charges. The three scenarios below are likely the most common. When can medical issues put people at a heightened risk of being targeted for OWI charges?
When a diagnosis affects test accuracy
There are a few medical challenges that might result in individuals failing breath tests. One of the most common relates to blood sugar issues. People with unmanaged diabetes and those who are pre-diabetic may experience a chemical reaction in their body due to unmanaged blood sugar. That chemical reaction results in the body excreting acetone through the lungs. People can fail breath tests because of blood sugar issues. Another far less common medical issue has to do with the body synthesizing alcohol on its own. Auto-brewery syndrome is rare but can result in people having detectable amounts of alcohol in their bodies despite having had nothing to drink that day.
When medication causes a false positive
There are certain types of drugs that can affect the accuracy of breath testing. People who take medications can sometimes fail a breath test when they have had nothing to drink. Asthma is an excellent example of this phenomenon. Adults with asthma may rely on inhalers to prevent asthma attacks or to treat breathing issues as they arise. Certain types of asthma inhalers can cause false positives when conducting a chemical breath test. The medications that people take before a traffic stop and sometimes even hygiene behaviors, such as the use of mouthwash for breath sprays, could trigger false positive test results.
When they must follow specialized diets
People with certain medical conditions may have to make major changes to their diets. When health care professionals insist on weight loss or want people to change what they eat to avoid diabetes, those dietary changes could lead to a failed breath test. The keto diet, in particular, is notorious for putting people at risk of a false positive on a breath test. The chemical process caused by the keto diet is similar to what people with unmanaged blood sugar experience. They may exhale acetone, leading to false positive test results or elevated blood alcohol readings.
Drivers confused about chemical test results may need to go over their medical records with a skilled legal team to evaluate their defense options. Fighting OWI charges by establishing a medical explanation could help people avoid wrongful criminal convictions.