Your Medical Condition Might Be an OWI Defense

OWI means operating while intoxicated. A criminal OWI conviction can result in significant fines, jail time, probation, and other penalties. Given the potential legal penalties and collateral consequences upon conviction, it is important that you have a skilled criminal defense attorney advocating for you at every stage of your case.

The experienced lawyers at Cohen Law Offices can assist you from the beginning of your case until the very end – and pursue the best possible result on your behalf.

 

OWI Legal Standards 

To obtain a conviction against you in a OWI case, the state prosecutor has to satisfy their legal burden beyond a reasonable doubt. In most instances, prosecutors establish this burden by introducing test results from a chemical test of a Defendant’s blood, breath, or urine and/or field sobriety test results. In most circumstances, a driver who has a blood alcohol concentration (BAC) of 0.08 percent or higher is legally intoxicated. Stricter standards apply to commercial vehicle drivers operating a commercial vehicle at the time of the operation, including truck drivers and minors who are under 21 years of age.

In some instances, a police officer may arrest an individual with a lower BAC if the driver’s mannerisms and speech establish their impairment.

Common OWI Defenses

Accused individuals can raise several legal defenses to a pending OWI charge. If the defense is successful, the entire OWI case might be subject to dismissal. Common OWI defenses include:

·        GERD – GERD stands for Gastroesophageal Reflux Disease. If the accused experienced a GERD flare-up when a police officer arrested them for OWI, and alcohol was already present in their stomach due to their medical condition, that might impact the intoximeter test results.

·        TBI – Some individuals suffer traumatic brain injuries – unrelated to alcohol intoxication – that produce slurred speech and other physical impairments. If they exhibit one of these side effects at the time of their arrest, they might raise that as a legal defense to their criminal OWI charge.

·        Diabetes – Individuals who suffer from diabetes might experience the effects of Auto Brewery Syndrome. This condition occurs when a person’s body automatically turns starchy and sugary foods containing carbohydrates into alcohol. It is a rare medical condition that can make a person physically intoxicated without ingesting any type of alcohol.

Our experienced legal team can help you determine if you are eligible to raise any of these legal defenses to your pending OWI charge.

Call a Skilled OWI Defense Attorney About Your Pending Criminal Charge Today

In addition to high legal penalties, OWI convictions can lead to numerous collateral consequences. By raising a successful legal defense to your OWI charge, you may avoid a conviction altogether.

For a free case evaluation and consultation with a knowledgeable OWI defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.