How Certain Medical Conditions Can Impact DUI Defense in Florida—and Why You Need an Experienced Attorney

If you've been arrested for driving under the influence (DUI) in Florida, you're probably wondering how your situation will play out. If you suffer from certain medical conditions, the circumstances of your case may not be as clear-cut as they seem. Medical conditions can sometimes mimic the signs of impairment that law enforcement looks for in a DUI stop. For example, conditions like diabetes, epilepsy, vertigo, or even anxiety can cause symptoms that might be mistaken for intoxication.

As an experienced DUI defense lawyer, I've seen firsthand how these cases unfold, and I can tell you that your medical condition might be a key factor in your defense. In this article, I will explain how medical conditions can impact DUI charges, the defenses that may apply, and why hiring a private attorney is crucial to ensuring that your medical condition is properly considered in your case.

What Florida Statutes Say About DUI

In Florida, DUI is defined under Florida Statutes § 316.193. This statute states that it is illegal to drive or be in actual physical control of a vehicle when:

  1. You are under the influence of alcohol or any other controlled substance that impairs your normal faculties.
  2. Your blood alcohol concentration (BAC) is 0.08% or higher.

The key phrase here is "normal faculties." When law enforcement evaluates you during a DUI stop, they are looking for signs that you have lost the ability to operate your vehicle safely, such as difficulty walking, speaking, or performing simple tasks like following directions.

However, medical conditions can affect your normal faculties and mimic symptoms of intoxication, which is where things can get tricky.

How Medical Conditions Can Mimic Impairment

Many common medical conditions can cause physical and behavioral symptoms similar to those of intoxication, such as:

  • Diabetes: Low blood sugar (hypoglycemia) or high blood sugar (hyperglycemia) can cause dizziness, confusion, slurred speech, and even impaired motor skills, all of which may look like intoxication to an officer.
  • Epilepsy and Seizures: After a seizure, an individual may appear disoriented, unsteady, or have difficulty speaking clearly. These are all symptoms that could be mistaken for being under the influence of alcohol or drugs.
  • Vertigo and Inner Ear Conditions: Conditions like vertigo or inner ear infections can cause dizziness, loss of balance, and trouble walking, similar to the symptoms that law enforcement looks for in a DUI evaluation.
  • Anxiety and Panic Attacks: Anxiety and panic attacks can cause symptoms like trembling, sweating, and difficulty breathing, which may be misinterpreted by an officer as signs of intoxication.
  • Medications: Many prescription medications, including painkillers, anti-anxiety drugs, or even over-the-counter medications like antihistamines, can cause side effects like drowsiness, dizziness, or impaired coordination.

Florida DUI Defenses for Medical Conditions

As you can see, many medical conditions can mimic the symptoms of intoxication. If you have a medical condition that caused you to exhibit these symptoms during a DUI stop, it's crucial to raise this defense in your case. Below are some potential defenses based on medical conditions that I've successfully used in my clients' DUI cases.

1. The "Medical Condition" Defense:

If your medical condition caused symptoms that mimicked impairment, this could be a defense to DUI charges. For example, if you were diabetic and your blood sugar was low (hypoglycemic), your ability to perform field sobriety tests may have been impaired due to your condition, not alcohol or drugs.

Under Florida Statutes § 316.193 and case law, it's essential that the officer fully understands and considers any medical issues that might explain your behavior. A defense attorney can challenge the DUI stop and field sobriety tests by providing medical documentation and expert testimony showing that the symptoms were not due to intoxication but rather due to your medical condition.

2. The "Impairment from Medication" Defense:

Many prescription medications can cause impairment, but not all impairments are the same. Florida's DUI laws do not differentiate between alcohol and prescription drugs, so a defense in this area requires proving that the impairment was due to legally prescribed medication rather than illegal drugs or alcohol.

If you are prescribed medication that impairs your ability to perform field sobriety tests, your attorney can request that your medical condition and medication history be considered as part of your defense. We may also call in an expert witness (such as a medical doctor or pharmacologist) to testify about the effects of the medication you were taking.

3. The "Failed Field Sobriety Tests" Defense:

A field sobriety test (FST) is a series of physical and mental exercises used by law enforcement to assess a person's impairment. If you have a medical condition, such as vertigo, balance issues, or severe anxiety, these tests can be impossible to perform accurately.

In Florida, field sobriety tests are not required by law, so if you are unable to perform them properly due to a medical condition, that should be taken into account. An experienced attorney can challenge the reliability of these tests, especially if no alternative tests (such as a breath test) were offered.

In my practice, I've won cases where the failure of field sobriety tests was due to medical conditions that the officer failed to consider or properly assess. We had an expert witness testify about the condition and its impact on the performance of the tests, and the case was dismissed.

Real-Life Example: A Medical Condition Defense I Won

Let me share an example of a real case I handled recently. My client was a type 1 diabetic who was stopped for a suspected DUI. When he was pulled over, the officer noticed my client's disoriented speech and lack of coordination. During the field sobriety tests, my client struggled with balance, and his speech became slurred.

The officer believed my client was intoxicated and arrested him for DUI. However, my client wasn't drunk—he had low blood sugar, which caused the symptoms of impairment. We requested an administrative review hearing and presented medical records and expert testimony that showed my client was suffering from hypoglycemia at the time of the arrest.

The court agreed with our argument, and the charges were dropped because we demonstrated that the symptoms were the result of my client's medical condition, not intoxication.

Why You Need a Private DUI Attorney for Medical Condition Cases

If you have a medical condition that might explain the symptoms of impairment, you need an experienced DUI defense attorney to present this as part of your defense. Here's why hiring a private attorney is crucial:

1. Expert Testimony and Medical Records

To successfully defend against DUI charges involving a medical condition, you need to have medical records, a doctor's testimony, or pharmacological evidence to support your claim. Public defenders often don't have the resources to hire experts or gather extensive medical documentation. A private lawyer like me will investigate your medical history and bring in experts who can testify to the effects of your condition or medication.

2. Challenging the Officer's Observations

Officers are trained to look for signs of alcohol or drug impairment, but they are not trained to recognize medical conditions that mimic intoxication. A skilled defense lawyer can challenge the officer's observations and use medical evidence to argue that your behavior was due to a condition, not drugs or alcohol.

3. Defending Against Field Sobriety Tests

If you failed field sobriety tests, your attorney can argue that the failure was due to medical conditions, not impairment from alcohol or drugs. For example, balance disorders, seizure disorders, or diabetes can make it impossible to complete certain sobriety tests. A good defense lawyer will know how to argue these points in your favor.

If you've been charged with DUI in Florida, don't let a medical condition be used against you. A skilled DUI defense attorney can help challenge the charges, whether it's due to medication or an underlying health issue. Don't risk your future—call us today.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Medical Conditions and DUI Charges in Florida

Can my medical condition be used as a defense for DUI?

Yes, your medical condition can be a valid defense in a DUI case if it causes symptoms similar to intoxication, such as dizziness, slurred speech, or loss of balance. Conditions like diabetes, epilepsy, or vertigo can all cause these symptoms. Your defense attorney can present medical records and expert testimony to show that your symptoms were caused by your condition, not by alcohol or drugs.

Do I need to show medical records to prove my condition?

Yes. To make a successful defense, you will need to show medical records that support your claim. A private attorney can help you gather these documents and, if necessary, bring in medical experts who can explain how your condition impacted your behavior.

What if I was taking prescription medication?

If you were taking prescription medication that may have caused impairment, your attorney can argue that you were impaired due to legal drugs, not illegal substances. It's important that your lawyer obtains your prescription records and potentially brings in a pharmacologist to testify about how the medication could affect your ability to drive.

Can field sobriety tests be used against me if I have a medical condition?

It depends on your condition. If you have a medical condition that affects your ability to perform certain tasks (like walking in a straight line or balancing on one foot), it may be possible to argue that your failure to complete field sobriety tests was due to your medical condition, not alcohol or drugs. Your defense lawyer can challenge the reliability of the field sobriety tests in your case.

How can an attorney help if I failed the breath test or field sobriety tests?

Even if you failed the breath test or field sobriety tests, an experienced attorney can challenge the validity of the tests, argue that your medical condition was responsible for the failure, and explore other weaknesses in the prosecution's case. If your attorney can demonstrate that your medical condition caused the impairment, you may be able to avoid a DUI conviction.

What should I do if I'm charged with DUI and have a medical condition?

The first step is to hire an experienced DUI defense attorney who understands how to incorporate your medical condition into your defense strategy. Your attorney will gather medical records, consult experts, and fight to have the charges reduced or dismissed. You should never handle a DUI charge involving a medical condition on your own.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.