DIABETES AND DUI

A particular condition, prominent in 9.3% of the U.S. population, may have officers second guessing their DUI stops. If you suffer from diabetes, you may have a legitimate defense if arrested with a BAC above the legal limit.

THE DUI STOP

Often when you are stopped by a police officer, you will be asked if you have been drinking. If you answer “yes,” you will likely be administered a breathalyzer test. Maryland is an implied consent state. This means you agree to allow law enforcement to administer a chemical test for the purpose of determining your BAC. Refusal of the testing will result in suspension of driving privileges and your arrest for driving under the influence.

NO ‘BODY’ IS PERFECT

A breathalyzer, while a good indicator of a person’s blood alcohol content, may not be 100% accurate. Even an experienced officer can interpret inaccurate results, especially if you are diabetic. The BAC of someone with diabetes may register as .08 (the state limit). However,rather than being under the influence, the driver could be suffering the effects of hypoglycemia.

HYPOGLYCEMIC EPISODE VS. INTOXICATION

Having a hypoglycemic episode is strikingly similar to being intoxicated. The driver could exhibit erratic driving, slurred speech, and balance problems due to low blood sugar. The breathalyzer and field sobriety tests may not be easy for a diabetic. It is important for you, as a diabetic driver, to let the officer know of your medical condition.

However, if you forget to mention the fact that you have diabetes (or any other medical condition for that matter), the science behind your low blood sugar level may not prove to be on your side. A diabetic with hypoglycemia may develop ketoacidosis, which can generate acetone. Acetone isn’t something standard breathalyzers are designed to detect. A diabetic who has developed ketoacidosis may register a high BAC reading because the device mistakes the acetone for ethyl alcohol.

If you have been pulled over for a DUI and you have diabetes, the attorneys at Alpert Schreyer, LLC have the experience to help you through it. They are familiar with breath testing instruments, and have the training to perform their own tests. As a certified breath alcohol technician and a certified NHTSA field sobriety test instructor, Alpert himself has ample knowledge on the testing process and is prepared to handle your DUI case. Contact Alpert Schreyer LLC today to set up your free case evaluation.

FAQ ABOUT MARYLAND MARIJUANA POSSESSION

Laws related to marijuana possession can prove incredibly complicated and difficult to understand. Oftentimes, federal laws and state laws butt heads, and every state has its own take on marijuana possession. As such, it’s a good idea to familiarize yourself with the answers to some of the most frequently asked questions related to marijuana possession in Maryland.

FREQUENTLY ASKED QUESTIONS                                                                                            

_________________________________________________________________________

• Is marijuana possession legal in Maryland? Nine states allow possession of marijuana for recreational use—but not Maryland. Many other states have provisions on the books that allow medicinal marijuana, which must be medically prescribed (or recommended—since federal law prohibits marijuana prescriptions). While Maryland passed a medical marijuana law in 2012, it’s exceedingly complicated and has only recently begun to allow a small number of residents to legally possess medical marijuana. If that sounds like a riddle, you’re not far off.
• Is marijuana possession in Maryland a crime? Not necessarily? The possession of 10 or fewer grams of marijuana in Maryland is no longer a crime. Instead, it’s a civil offense that’s treated much like a traffic ticket. If you’re at least 21, such an offense will require you to pay a fine. Those younger than 21 have the right to a hearing, but the court may require them to attend drug education classes, addiction assessment, and attend drug treatment. If you’re older than 21 and are charged with a third citation of possession of 10 or fewer grams of marijuana, you must go to court, where you may receive similar sentencing.
• What happens if I possess more than 10 grams of marijuana? If you possess more than 10 grams of marijuana, you will earn a misdemeanor charge and face a $1,000 fine and a year in jail.
• What about federal laws? Federal laws turn things up a notch or two. Under federal law, the possession of any amount of marijuana for any reason is a crime. In any legal situation where state and federal laws conflict, federal law trumps the state law. While the federal government has rarely intruded on state governance related to marijuana possession, that does not mean that it won’t try to do so in the future.

IF YOU’RE FACING A POSSESSION CHARGE, CONSULT AN EXPERIENCED MARYLAND DRUG OFFENSE LAWYER

If you’re facing a marijuana possession offense, you may feel tempted to simply pay the ticket and be done with it. An experienced Maryland drug offense attorney, however, will help you assess the consequences of such an action and will educate you about your options.

If you’re facing a more significant possession charge, you need a dedicated drug offense attorney on your side. The experienced legal team at Alpert Schreyer, LLC, in Maryland, has the skill, knowledge, and determination to guide your case toward its most positive outcome. Your record and your rights matter too much to leave to chance, and we understand Maryland’s complicated marijuana possession laws. We’re here to help, so please contact or call us at (866) 444-6363 for a free consultation today.