I ask questions regarding physical disabilities or orthopedic issues that might affect a person's ability to perform some of the field sobriety tests, specifically the Walk and Turn and One Leg Stand.
GERD may potentially affect the reliability of the breath test and there have even been some studies on that. Any neurological disorders or eye disorders, may affect the reliability of the Horizontal Gaze Nystagmus from the field sobriety tests.
What About Acid Reflux?
That is another name for GERD, Gastroesophageal reflux disease.
Could Diabetes Affect Someone?
Yes, diabetes may be a factor every once in a while. There have even been lawsuits where police officers arrested someone for operating while intoxicated but it turned out they were just having a diabetic attack or they were hypoglycemic. One of the conditions of diabetes is a rotten fruit smell from the person's breath and sometimes officers may mistake that for the odor of an alcoholic beverage.
Do People Realize They Could Be Prosecuted For Prescription Legal Drugs As Well?
Absolutely, yes. It would not matter if the person had a valid prescription for a narcotic drug, they would still be guilty of operating a vehicle while intoxicated if that drug caused them to become intoxicated.
People with legitimate injuries in accidents who were prescribed pain medications would still be subject to being arrested for operating while intoxicated. It is very important for them to manage their medication appropriately and have good communication with their physicians when they are prescribed those types of medications.
For more information on Medical Conditions Affecting OWI Cases, a free initial consultation is your next best step. Get the information and legal answers you're seeking by calling (219) 874-4878 today.