In a recent trial I was impressed by the number of potential jurors who were willing to accept the proposition that medical conditions can make you appear to be intoxicated. It is crucially important for you to tell your attorney about all medical conditions. Diabetes, seizure disorder, multiple sclerosis and other diseases may manifest symptoms similar to those found in intoxicated individuals.
The Horizontal Gaze Nystagmus test can also present false positives in individuals with head injuries or who take various medications. Be sure that your attorney fully understands all of your symptoms, injuries, medications and takes a full medical history. Some, but not all, jurors understand that you can look intoxicated without actually being intoxicated. If you end up with a juror who has the same condition, your chances of acquittal (Not Guilty) significantly improve because you essentially have an expert in the jury room who can vouch for the symptoms you displayed.
Of course, this assumes that your condition actually can manifest symptoms that the officer incorrectly identified as clues of intoxication. It is best to have a medical diagnosis prior to the arrest, but you can still make some headway with a later diagnosis of a legitimate medical condition such as diabetes.
If you are a diabetic and have been charged with a DWI, contact our experienced attorney today.