It does, however, mean you must explore every possible line of defense to clear your name.
That’s why it is wise to have a lawyer who can explore every avenue of defense for you—including examining medication effects on a drunk driving analysis.
If you believe you had a false reading on your chemical test, you need a tough, aggressive, and zealous DUI defense lawyer to attack the prosecution’s case.
With decades of experience handling over 7,000 cases, Tom can help you determine the best course of action for your DUI defense.
Can a Medical Condition Lead to a DUI Charge?
In Nebraska, it is illegal to have control over a vehicle while intoxicated. Intoxication can be by alcohol, drugs, or both.
It is also illegal to drive with a blood alcohol content (BAC) of 0.08% or greater. Nebraska law does not differentiate between prescription and illicit drugs under its DUI statute.
You might have had only one drink but taken some medication that exacerbates the effects of the alcohol. That means you could face a DUI prosecution if your prescription impairs your ability to drive safely.
There are instances when a police officer might be unable to tell the difference between a DUI or a medical condition.
Diabetics can run into this problem. If the glucose level of a diabetic drops too low, they could experience symptoms similar to intoxication. Dizziness, confusion, the inability to control their actions, and other problems could arise.
Additionally, their breath might have a sweet smell that is easy to confuse with the smell of alcohol. A diabetic who is in dire need of medical attention might even vomit.
A police officer could easily mistake these symptoms for intoxication. The ketones in a diabetic bloodstream could even cause a false reading on a breathalyzer test.
A person who suffers from GERD could give a false reading as well. Burping can fill your mouth with alcohol and inflate your test results.
There are other groups of people who might be arrested for DUI even if they are not intoxicated.
For example, people with balance problems stemming from epilepsy or early-stage Parkinson’s disease could have trouble performing a field sobriety test.
Dementia patients and people with brain injuries might slur their speech, have trouble following directions, or act irrationally. These are all also signs of intoxication.
Medication Effects on Drunk Driving Analysis
There are also a few medications that can skew a breathalyzer test.
Albuterol for asthma is widely known to give false readings. Taking your inhaler too close to the time you take the breathalyzer test can cause a false positive.
Over-the-counter medications like NyQuil that contain alcohol can cause a false reading. Oragel and Ambesol contain alcohol and will increase your test result.
Why Is It Important to Clear Your Name?
A drunk driving conviction will have a negative effect on your life.
Primarily, your liberty is at stake. Even if you are a first-time offender, the judge could sentence you to jail if the facts and circumstances of your case are bad enough.
Nebraska law indicates that you could go to jail for up to 60 days for your first offense. You might even have to serve a seven-day minimum sentence.
You might also have to pay a $500 fine. However, the penalties are more severe if your BAC exceeds .15%.
You will lose your driving privileges after a DUI conviction. Consider how you take driving for granted.
You probably drive to work, drive your kids to school, and go shopping for your family, among other things. Not having a license means you have to rely on someone else to get you where you need to go.
You can apply for an ignition interlock permit during the revocation period. However, at your expense, you must install an ignition interlock device in your car.
In Nebraska, the state prosecutors can use a prior conviction against you for up to 15 years after the offense.
That’s a long time for one mistake to come back to bite you. Subsequent DUI offenses mean more jail time, increased fines, and longer license loss.
Omaha DUI Defense Lawyer Tom Petersen Can Give You the Edge You Need to Defend Your Case
Omaha DUI defense attorney Tom Petersen is a no-nonsense lawyer. He won’t judge you, and he won’t lecture you—he will aggressively defend you and protect your rights.
He may be tough on the prosecution and police, but you can rest assured he will treat you with dignity and respect.
Tom and his team at Petersen Criminal Defense Law are available 24/7 to take your call. He understands that DUI charges can happen any time of the day—not just during business hours.
He will meet with you on evenings and weekends as your schedule permits.
When you enlist Tom as your DUI defense lawyer, you will have an award-winning advocate who received a nomination as one of the top 50 DUI lawyers in the state.
He is also listed as a Superior DUI attorney for several years running.
The Petersen Criminal Defense Law team runs a 24-hour jail release assistance program. Not many lawyers can top that service.
Contact us online or call us today at 402-809-5070 to schedule a free consultation.
- What Is the Punishment for Possession, Sale, or Trafficking Cocaine in Nebraska? - Friday, September 16, 2022
- How Does A Suspended Sentence Work? - Wednesday, September 14, 2022
- Online Solicitation of a Minor In Nebraska - Saturday, August 27, 2022