Driving While Intoxicated (DWI) charges in Texas are serious offenses, carrying substantial penalties and a lasting impact on an individual’s personal and professional life. However, not every DWI charge is as clear-cut as it seems, and certain circumstances—particularly medical conditions—can lead to wrongful accusations. In such cases, defense strategies involving these medical conditions can play a significant role. This article explores such strategies and provides insights on the intersection between medical issues and Texas DWI laws.

Auto-Brewery Syndrome – Auto-Brewery Syndrome (ABS), also known as gut fermentation syndrome, is a rare medical condition where an individual’s digestive system produces alcohol due to an overgrowth of yeast in the gut. This internal alcohol production can sometimes cause a falsely high blood alcohol content (BAC), leading to wrongful DWI charges. If a defendant can provide medical proof of this condition, it can be a viable defense strategy.Diabetes

Individuals with diabetes may exhibit symptoms that mimic intoxication, such as disorientation, confusion, and even the smell of alcohol on their breath due to ketoacidosis—a complication of diabetes. A diabetic episode can potentially skew a field sobriety test, leading to a wrongful arrest. With proper medical documentation and expert witness testimony, a defense attorney can argue that the symptoms were due to a diabetic episode and not alcohol-induced.

GERD (Gastroesophageal Reflux Disease) – GERD can potentially interfere with breathalyzer tests. In people with GERD, stomach contents reflux back up into the esophagus, which can result in a falsely high BAC reading. If an individual can demonstrate that they have been diagnosed with this condition, it can be utilized as a defense strategy to challenge the breathalyzer results

Hypoglycemia – Hypoglycemia, or low blood sugar, is a condition that can mimic signs of intoxication, including confusion, dizziness, and problems with coordination. Hypoglycemia is often linked with diabetes but can occur independently as well. Evidence of this condition, corroborated with medical records and expert witness testimony, can be a valid defense against DWI charges.

The Role of Expert Witnesses

In DWI defense cases involving medical conditions, expert witnesses often play a crucial role. They provide specialized knowledge and understanding of how these conditions can mimic intoxication or interfere with DWI testing. Medical practitioners, psychologists, forensic toxicologists, and other experts can provide credible and persuasive testimony, helping to build a robust defense.

While Texas takes a hard line on DWI offenses, the law also acknowledges that medical issues can affect the results of sobriety tests and the symptoms of intoxication. Therefore, understanding these medical defense strategies is critical. However, it’s essential to remember that these defenses require careful presentation and robust supporting evidence, preferably with the assistance of an experienced DWI defense attorney. Using these strategies effectively can mean the difference between conviction and acquittal in a DWI case.