Of the many physical conditions that can cause an elevated breath test reading in a DWI case, diabetes is one of the most common. There are at least three ways in which a person suffering from diabetes can give the misimpression that he is driving while intoxicated.
First, as Taylor/Oberman explain it, when the diabetic’s blood sugar rises, the body is unable to use carbohydrates as a source of fuel: “Instead, the body tries to burn the stored fat as an alternative fuel source and, to do this, produces ketones. Perhaps gradually and over a period of days, the symptoms of diabetic ketoacidosis appear: drowsiness, flushed face, thirst, and loss of energy and appetite.” Reduced blood-sugar levels can also result in slurred speech, slow gait, and impaired motor control.
These are some of the same symptoms often reported by police officers on their report detailing why they initially suspected the driver of driving while intoxicated. Ketones on a diabetic’s breath can also cause a distinctive “bad breath” that could be mistaken by the police officer as the odor of alcohol. In other words, the diabetic can often appear to be drunk, and the officer’s observations of his symptoms can help establish the reasonable suspicion needed to proceed with the investigation.
Second, ketones belong to the same family of chemicals as ethyl alcohol which is what breath test machines are designed to measure. As a result, since most breath test machines are “non-specific” (that is, they will measure any of the thousands of chemical compounds whose molecular structure is similar to ethyl alcohol), ketones on the breath could result in a falsely high breath-alcohol reading.
Finally, diabetics have also been proven to have elevated levels of acetone on their breath. Acetone is another member of the same chemical family as ethyl alcohol. One study reported by Taylor/Oberman suggests that acetone levels on the breath of a diabetic can produce breath-alcohol readings of 0.06 percent. Since this is just 0.02 percent below the legal limit, even a single drink could put the suspect over the limit.
