Pre-Existing Afflictions as DUI Defense

Written by: The Law Offices of Garrett T. Ogata

Pre-Existing Afflictions as DUI Defense

Do you know how the law works when it comes to a DUI? In Nevada and elsewhere, it focuses on a single, somewhat arbitrary threshold as the legal limit for blood alcohol content. This is true, across the board, which leaves some people at a severe disadvantage, such as small women. The basis of most DUI arrests is a reading of the person’s blood alcohol content. If it’s too high, the driver is under arrest. However, some people have pre-existing afflictions that conflict with the accuracy of the breathalyzer, as well as other tests. Ultimately, the purpose of a medical DUI defense is to point out that the test wasn’t necessarily accurate in your particular case.

Since all the tests are geared toward the average healthy person, your pre-existing medical affliction could be misread as you being more inebriated than you really are. This defense isn’t just some clever loophole, though. It’s a legitimate concern that some people’s test results are skewed by conditions like sickness, eyesight problems, injuries, and many more. You’ll want to talk with your Las Vegas DUI lawyer about any condition you can prove you have that might have resulted in an inaccurate test result and an unfair arrest. The important thing is to be honest and straightforward, without being deceptive about it, because trying to get the case thrown out over a fake pre-existing affliction is a bad idea. Your Las Vegas DUI attorney should consider the facts and determine whether you have any pre-existing afflictions that can work as a good DUI defense in your case.

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