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OUI Arrest in a Hyperglycemic State

State v. J.P.

Blood / Alcohol Content (BAC):



Diabetes, hyperglycemia and interfering chemicals, commercial

Defense Attorney:

Matthew B. Nichols


Operating Under the Influence (OUI, DUI, DWI)

Maximum Sentence:

364 days in jail (minimum 48 hours), 90 days license suspension (1 year revocation of commercial driver’s license) and $500 fine


Client stopped for driving without headlights and running a stop sign. Arresting officer observed blood shot eyes, heavily slurred speech, severely impaired fine and gross motor skills. Client performed extremely poorly on field sobriety tests and urinated in his pants. Video recording confirmed police officer’s observations. Client blew a 0.19% BAC on the Intoxilyzer.

Client testified to explain to the jury that he was diabetic and in a hyperglycemic state. This was confirmed by a blood sugar level in excess of 500 on client’s glouco meter approximately 20 minutes after he submitted to the breath test. The defense called toxicologist Patrick Demers to testify regarding the effects of hyperglycemia which were consistent with client’s physical manifestations of hyperglycemia. The defense also called chemist Jan Semenoff to testify regarding the effects of interfering chemicals produced by hyperglycemia on the Intoxilyzer 5000 breath test.


Not Guilty

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