ORANGE COUNTY DUI DEFENSES

Gastric Reflux Disease, or GERD, is another commonly used defense to a DUI charge. The viability of this defense often hinges on one being able to show that they had GERD before the date of the offense. GERD has a tendency to cause errors in breath testing based on the fact that GERD causes one to bring up alcohol from the stomach, which is then pushed through the breath test device causing an elevated breath test reading.

With the assistance of your treating physician, an Orange County DUI Attorney can determine whether your GERD may have had an impact on your breath test results.

Another commonly used defense is the presence of what is often-called "mouth alcohol" based on problems with one's gums (periodontal disease) or pockets in one's mouth, like those brought about by problems with one's dentures or faulty bridgework or some other periodontal issue.

With the assistance of your treating physician, an Orange County DUI Defense Attorney can determine if your periodontal disease may have had an impact on your breath test results.

Diabetes and the issues that arise as a result of diabetes are another common defense to a DUI charge. The viability of the defense depends on a variety of factors. A person with diabetes with low blood sugar may exhibit symptoms that mimic that a person under the influence and a person with diabetes with high blood sugar may cause a breath test to over-report that person's true blood alcohol level. Diabetes is a complicated disease, and the defenses associated with it are equally complicated.

With the assistance of your treating physician, an Orange County DUI Attorney can determine if your diabetes may have had an impact on your breath test results.

Inner ear infections and other medical issues that may affect a person's equilibrium are yet another example of commonly used DUI defenses. When a person has an inner ear infection or some other condition that may affect the person's ability to balance, such as vertigo, it may make a DUI suspect appear as though he/she is impaired when he/she may not be.

With the assistance of your treating physician, an Orange County DUI Lawyer can determine whether your inner ear infection or vertigo may have had an impact on your ability to perform the field sobriety tests.

Problems with a DUI suspect's back, legs, and hips, may cause the suspect to appear as though he/she is impaired when he/she may not be. The National Highway Traffic Safety Administration has indicated in several of its official publications that such medical conditions may affect a DUI suspect's ability to properly perform the field sobriety tests and could lead to false arrests.

An Orange County DUI Defense Attorney can determine whether your injuries may have had an impact on your ability to perform the field sobriety tests.

Another medical defense that often arises concerns women and the issues associated with menstrual periods. During these times, or when a woman is menopausal, women may have elevated temperatures, which may result in an over-reported breath test result.

Women also metabolize alcohol differently than men. It is not uncommon for women to achieve higher blood alcohol levels as a result. Not surprisingly, field sobriety tests and breath testing devices are predicated on male physiology. These physiological differences between men and women may cause differences in a woman's ability to perform the field sobriety tests and may also cause breath alcohol test readings to over-report under certain conditions.

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