There are many different defense strategies that people can use when responding to criminal charges in Texas. Someone accused of a driving while intoxicated (DWI) offense might raise questions in court about whether the police violated the law or their rights by conducting an inappropriate traffic stop.
Other times, questions about the accuracy of test results can help someone avoid a criminal conviction. For certain people, a medical defense strategy could be the best option. There is an assortment of different medical records that could raise questions about whether someone actually drove while under the influence or not.
Evidence of following specialized diets
There are certain diets that require that people make drastic changes to their eating habits. The goal is to change how the body processes nutrition or to eliminate foods that may trigger an inflammatory response in the body. Those following highly restrictive diets, like the keto diet, may experience unanticipated secondary medical consequences. Achieving a state of ketoacidosis means that the body excretes byproducts, including acetone, through the breath. Someone following a specialized medical diet could very likely fail a breath test conducted during a traffic stop.
Evidence of specific medical conditions
There are certain health challenges that could potentially result in someone failing a breath test. Unmanaged diabetes is a very common reason for inaccurate breath test results. People could also be at risk of failing a breath test if they have unusual medical conditions, like auto-brewery syndrome. Having evidence of specific medical challenges can potentially make a significant difference for someone accused of a DWI.
Evidence of prescription medications
There are certain medications that could trigger a false positive on a breath test. Asthma inhalers are among the most common, although even over-the-counter medications can sometimes affect the accuracy of breath test results.
Those surprised by a recent DWI arrest may find that the solution to their current legal woes may come from a conversation with their physician and a lawyer. Connecting a failed breath test to an established health challenge might help people avoid criminal charges or convictions by providing an alternate explanation for a failed breath test.
