DUI or Fibromyalgia? Driving Under the Influence of Pain
Michael and William, old friends from college, decided to meet for dinner one evening in Buckhead, Atlanta's most frequented nightlife and restaurant district. Over a glass of wine they swapped war stories and reminisced about the good times they shared while attending the University of Georgia.
William tells Michael he has been recently diagnosed with fibromyalgia (FM) and has been dealing with constant pain, exhaustion and forgetfulness since a car accident several years ago. Generally thought to be a syndrome mainly affecting females, fibromyalgia and gender has become a medical controversy adding to the confusion of diagnosing this painful condition. Because FM is more prevalent among the female gender, this syndrome is often misdiagnosed among the male population, but in reality, it does afflict men as well.
On the way home, William is pulled over and the officer requests that William take field sobriety tests. Because William only had one glass of wine with dinner, he obliged the officer's request. After having difficulties with the balance and coordination portions of the tests, the officer gives William a portable breath test and it registers positive for alcohol and he is arrested for DUI...
What is Fibromyalgia and How Does it Affect Alcohol Tolerance?
The origins of fibromyalgia syndrome, often associated with Chronic Fatigue Syndrome (CFS) or rheumatoid arthritis, are not fully understood because the exact causes of fibromyalgia are unknown. Those who have been diagnosed with fibromyalgia typically suffer from chronic pain, joint pain, poor balance, difficulty sleeping, fatigue and many other symptoms. As fibromyalgia is a syndrome, it is defined as "a collection of signs, symptoms, and medical problems that tend to occur together but are not related to a specific, identifiable cause," according to the National Fibromyalgia Association. People who suffer from fibromyalgia are reporting in forums that they are unable to handle drinking as much alcohol as they formerly could. Alcohol contains toxins, and is known for its inflammatory, depressant and sleep disruptive effects; consuming alcoholic beverages can exacerbate the symptoms of FM.
Even if someone hasn't had any alcohol at all, it has been proven that numerous health conditions and chronic illnesses can affect the outcome of breathalyzers by registering false positives. Some studies suggest that alcohol consumption induces hypoglycemia in diabetics. Sometimes diabetics suffering from hypoglycemia actually mimic the physical responses of a drunken driver. Even worse, when someone suffering from hypoglycemia is in a state of ketoacidosis, he or she will produce levels of acetone in the mouth that can be read by breathalyzer machines as a compound in the methyl group, which will trigger a positive reading for alcohol. Thus, the breath alcohol test may register high amounts of alcohol, even if the subject has not been drinking. This phenomenon of false positives for alcohol by the Alcosensor and the hand portable testing device Breathalyzer machine has not been studied for those who have fibromyalgia, but results could be similar. For sufferers of fibromyalgia, hypoglycemia (low blood sugar level) is common.
Field Sobriety Tests, Alcosensors and Breathalyzers
When a police officer has reasonable suspicion to believe that a motorist is driving a vehicle under the influence of alcohol, the officer will pull the driver over. At that point, the officer will administer field sobriety tests, such as the Horizontal Gaze Nystagmus evaluation (the "eye test"), the walk and turn evaluation and the one leg stand evaluation. The two coordination tests will be used by the officer as a basis for him to argue the driver is impaired, even though the tests were designed to determine the probability of whether the driver has a blood alcohol concentration level of .008 grams or more. Field sobriety tests are basic coordination and reaction tests that allow the officer to judge whether the driver is impaired. During a field sobriety test, the officer may ask the driver to walk a certain number of paces heel-to-toe, to balance on one leg, to recite portions of the alphabet, or other coordination or reaction tests.
The officer may also administer a portable breath test (PBT) such as the Alcosensor and although the PBT does not provide an official measurement of alcohol in the driver's blood for legal purposes, it will provide a result that indicates whether the officer should arrest the person to verify the PBT's measurement with an official breath, blood or urine test.
What Should A Person Do If Accused of DUI in Georgia?
Often people who have been accused of DUI and suffer from a chronic medical condition have never made the correlation between their illness and the results of the DUI testing. As in William's case, it was imperative that he enlist the help of a Georgia lawyer who specializes in DUI criminal defense.Understandably, every DUI case is different, but a knowledgeable DUI attorney would understand that fibromyalgia would be an essential part of William's defense against his DUI charges.
The National Fibromyalgia Association (NFA) can provide resources and information about fibromyalgia and other related conditions and symptoms.The National Fibromyalgia Association has a network of support groups across the United States. In Georgia, NFA support groups meet in cities such as Kennesaw, Canton, and Marietta; check the NFA website to locate a support group in your area.
If you or someone you know has been charged with DUI, a criminal defense attorney who is knowledgeable about medical conditions in combination with alcohol can be an invaluable guide and advocate for you in the criminal justice system.
Article provided by Howard Weintraub PC
Visit us at www.ga-criminaldefense.com