Interviewer: When you work with a client they’ve undergone the Breathalyzer and they’ve performed the field sobriety tests, are there any certain ailments or particular medical conditions that they should make you aware of that could possibly help them?
Medications and Certain Conditions Can Influence DUI Testing Results
Paul Geller: Yes, I always ask clients during my intake if they do have any medical issues and if they are taking any medication. There are people who have stomach issues that can affect Breathalyzer results. There are circumstances with gum disease that can also have an effect on breath test results. There are issues regarding people who are diabetic because of variations of sugar levels that can have an effect on blood alcohol readings and blood alcohol levels.
So I always ask clients about different medications and ailments that they may be going through, physical ailments that may involve the ability for them to perform in a field sobriety test. We’ll follow up with their doctors, order medical records and things of that nature and then consulting with different experts in the field forensic toxicologists about how conditions can affect field sobriety tests, breath alcohol levels and blood alcohol levels.
Documentation of Medical Conditions Can Benefit Negotiations with the Prosecutor, Leading to a Faster Resolution and Less Expense for the Client
Oftentimes I’ll consult with experts in these fields and prepare documents or letters indicating as such and use that with the prosecutors so that we can talk about how a trial may play out. We can then negotiate from that standpoint without having the client have to incur attorney’s fees and the time necessary to go through a trial.
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