Disabilities, Illnesses, and DUI in Oklahoma
When a disability or illness strikes, you may not realize that a DUI could follow in Oklahoma. Unfortunately, the law is not very forgiving of people with special needs or who are ill. You can be charged with a DUI or a DWI if you are impaired or have a high BAC, regardless of your situation.
How Could a Disability Lead to a DUI?
Oklahoma has several laws that prohibits driving while impaired. Specifically, you can be arrested if you are under the influence of any intoxicating substance other than alcohol which may render you incapable of safely driving a motor vehicle. 47 O.S. § 11-902. You also can be arrested for driving with a blood alcohol concentration between 0.05 and 0.08, or for impaired driving in general. 47 O.S. § 761. This is sometimes called a DWI (driving while impaired), because a DUI in Oklahoma can be charged for a BAC of 0.08 and up.
People with disabilities or special needs sometimes have physical or mental impairments that make them more susceptible to alcohol’s effects. In addition, they may take special medications that, when combined with alcohol or other drugs, render them impaired. Unfortunately, this could lead to an unexpected DWI charge.
How Could an Illness Lead to a DUI?
Illnesses could lead to DUI or DWI charges in a variety of ways. For example, the combination of prescription medicine and other substances could leave a sick driver impaired while on the road. The driver might underestimate the side effects or effect of combining drugs. Further, a weakened immune system or organ problems could slow the processing of alcohol in the body. But police do not factor in illness or unexpected drug interactions when making a DUI arrest. They simply pull over people who appear impaired.
Moreover, some illnesses actually may lead to exaggerated breathalyzer readings. Diabetes, for example, sometimes leads to a medical condition called hyperglycemia. The effects of this condition on the body can produce breathalyzer results that show a higher BAC than the person really has. Someone with diabetes could be arrested for DUI when in fact, he or she is below the legal BAC limit.
Have you been charged with a DUI in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, can advise you on the penalties you may face if convicted. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.