People accused of breaking the law benefit from a presumption of innocence. The general public and even those in the criminal justice system should treat those accused of crimes as though they are innocent until the courts convict them. Unfortunately, the opposite is often true.
Many people jump to the conclusion that those accused of criminal activity must be guilty if the state has sufficient reason to bring charges against them. That is especially true in scenarios where a criminal case relies on forensic or chemical evidence. Those accused of driving under the influence (DUI) charges may have failed a chemical test. Others may rush to judge them and assume that they must have broken the law.
However, there are actually a variety of explanations for why an individual might fail a chemical breath test, including one of the most common maladies that affects modern adults in the United States.
Diabetes can affect test accuracy
Type 2 diabetes has become a relatively common medical issue among middle-aged and older adults in the United States. A largely sedentary job combined with an unhealthy diet might lead to an individual struggling to properly manage the sugar that they consume.
Particularly in cases where they have not received a diagnosis or do not have any treatment plans in place for managing their blood sugar challenges, they could experience diabetic ketoacidosis. This experience is a byproduct of unmanaged blood sugar issues that can have a direct impact on the accuracy of breath test devices.
People in a state of ketoacidosis break down fat within their bodies. One of the ways that the human body excretes the byproducts of metabolizing fat is through respiration. The body releases acetone through the lungs, which can then trigger a false positive on a breath test.
People who have not received a diabetes diagnosis previously and those who have no active treatment plans for diabetes might unknowingly drive while they are likely to fail a test because of their internal chemical state. Those following unusual and strict diets, including the keto or paleo diets, might also experience the same internal chemical state that could undermine the reliability of breath testing.
There are a host of scenarios that can lead to unfair DUI charges against people who did not break the law. Reviewing personal circumstances and the allegations made by the state with a skilled legal team can help those facing DUI charges develop a reasonable criminal defense strategy.
