Can You Defend Against a DUI Charge in Florida Using a Medical Condition?

A flashing‑lights stop in Ocala, Florida, can turn frightening fast when field‑sobriety maneuvers feel harder than usual and the officer claims your speech sounds “thick.” If you live with asthma, diabetes, vertigo, or even seasonal allergies, routine symptoms can look like impairment—even when you’ve had little or nothing to drink. 

Many drivers surrender to that assumption and plead guilty before a lawyer ever reviews their medical chart. In reality, Florida law lets defendants present credible health evidence to cast doubt on every test the State uses to prove intoxication. 

A seasoned DUI defense attorney knows how to convert medical nuance into reasonable doubt, challenging both the arresting officer’s observations and the breath or blood results prosecutors rely on.

Our attorneys Jeffery Higgins and Brett Kocijan of Defend Ocala explain which medical conditions most often mimic intoxication, how Florida courts evaluate those claims, and the step‑by‑step strategy an experienced DUI defense attorney uses to translate health records into courtroom victories.

Why Medical Defenses Matter in Florida DUI Law

Florida Statute § 316.193 focuses on two theories: driving with a blood‑alcohol concentration (BAC) of 0.08 or higher, or driving while “affected to the extent that the person’s normal faculties are impaired.” 

Breath numbers appear scientific, but they rest on assumptions—lung temperature, partition ratio, and calibration—that certain illnesses upend. Meanwhile, “normal faculties” evidence is inherently subjective: an officer’s description of watery eyes could be allergy‑related; a perceived “sway” could be neurological.

Key reasons medical defenses succeed:

• Undermining probable cause: If symptoms have a credible non‑alcohol explanation, the stop’s escalation to arrest may lack sufficient grounds.

• Challenging test reliability: Certain conditions skew breath, blood, or urine results, making them inadmissible or at least unreliable.

• Creating reasonable doubt for jurors: Jurors empathize with well‑documented health issues, especially chronic illnesses.

A proactive DUI defense attorney mines these angles early, often within days of the arrest, to lock down hospital records, prescription logs, and expert opinions.

Conditions Most Likely to Mimic DUI Symptoms

Law enforcement training manuals list “red, glassy eyes” and “unsteady gait” as universal markers of impairment. Medical science disagrees. These conditions produce identical signs:

• Diabetes and hypoglycemia: Low blood sugar triggers slurred speech, confusion, and sweet or acetone breath that a portable breath test (PBT) can misread as alcohol.

• Gastroesophageal reflux disease (GERD): Acid reflux causes mouth alcohol that inflates breath‑test numbers, especially if episodic belching occurs during the observation period.

• Vestibular disorders (vertigo, Ménière’s disease): Inner‑ear imbalance prevents stable stance, sabotaging walk‑and‑turn and one‑leg stand tests.

• Asthma and inhaler use: Albuterol inhalers contain alcohol propellants; immediate use before a breath test can spike readings briefly.

• Neurological conditions (multiple sclerosis, Parkinson’s, epilepsy): Tremors and coordination deficits mirror intoxication clues.

• Seasonal allergies or conjunctivitis: Red eyes and nasal congestion replicate alcohol indicators.

A defense built on any of these disorders needs two pillars: objective documentation and expert interpretation. That’s where an experienced DUI defense attorney and medical professionals join forces.

After identifying the likely medical culprit, the attorney orders certified medical files and lines up treating physicians or forensic toxicologists who can decode the data for judge and jury.

Building a Medical‑Condition Defense Step by Step

Successful health‑based defenses don’t emerge the week before trial; they start immediately after arrest.

• Intake interview and timeline: The DUI defense attorney conducts a detailed health history, noting diagnoses, prescriptions, and symptom flare‑ups around the time of the stop.

• Record subpoenas: HIPAA releases go to primary‑care doctors, endocrinologists, or neurologists. Hospital ER charts are subpoenaed if the driver sought post‑arrest treatment.

• Device and medication analysis: Breathalyzer maintenance logs, observation‑period notes, and medication contents (e.g., ethanol in inhalers) are reviewed for interference potential.

• Expert retention: Board‑certified physicians or toxicologists prepare affidavits explaining how the condition affects test results or field‑sobriety performance.

• Motion practice: The attorney files motions to suppress or exclude test results, citing Daubert challenges or statutory non‑compliance.

• Presentation at trial or negotiation: Medical proof is organized into charts and demonstratives to educate jurors—often persuading prosecutors to downgrade or dismiss.

Each stage requires precision; sloppy record requests or late expert notices can sink the defense. That’s why retaining a dedicated DUI defense attorney within 48 hours of arrest is critical.

Field‑Sobriety Tests and Medical False Positives

Standardized field‑sobriety tests (SFSTs) were validated under ideal conditions by healthy volunteers, not individuals with chronic illnesses. Even slight deviations from protocol let the defense poke holes:

• Horizontal gaze nystagmus (HGN): Certain anticonvulsants and vertigo disorders produce involuntary eye jerks indistinguishable from alcohol nystagmus.

• Walk‑and‑turn: Lower‑back pain or neuropathy limits heel‑to‑toe precision, leading officers to over‑score “steps offline.”

• One‑leg stand: Knee injuries or BMI factors impair static balance regardless of alcohol.

Florida courts allow cross‑examination on these limitations. A well‑prepared DUI defense attorney uses medical literature to impeach officer testimony: “Deputy, are you aware that hypoglycemia signs overlap 80% with your listed alcohol cues?”

Breath‑Test Challenges Based on Medical Grounds

Florida primarily uses the Intoxilyzer 8000. It estimates BAC by measuring infrared absorption, assuming a blood‑to‑breath partition ratio of 2100:1. GERD, ketosis (from diabetes or Atkins‑style diets), and residual mouth alcohol break that assumption.

Common breath‑test vulnerabilities:

• Mouth‑alcohol contamination: Reflux episodes during the 20‑minute observation period violate Florida Administrative Code 11D‑8 requirements.

• Temperature variations: Fever or high asthma‑inhaler propellant raises breath temperature, increasing BAC readings by roughly 6 percent per degree Celsius.

• Partition‑ratio variance: Diabetic ketoacidosis shifts the ratio, overstating true blood concentration.

Armed with these facts, a DUI defense attorney files a motion to exclude or at least discredit the Intoxilyzer result, often forcing prosecutors to rely solely on subjective observations—far weaker evidence before a jury.

Blood and Urine Test Complications

Some DUI arrests involve hospital‑drawn blood or officer‑collected urine. Diabetes can elevate endogenous ethanol production; kidney disease alters metabolite clearance, confusing lab interpretation. 

Chain‑of‑custody errors compound the doubt. Defense lawyers subpoena laboratory method logs, anticoagulant tube lot numbers, and technician certifications—grunt work that pays dividends when test reliability wobbles.

Case Law Supporting Medical Defenses

Florida opinions set precedents your attorney can cite:

• State v. Bender (Fla. 5th DCA): Suppressed breath test where GERD evidence showed likely mouth alcohol.

• Boswell v. State (Fla. 2d DCA): Reversed conviction when diabetic symptoms were mistaken for impairment and officer didn’t investigate medical cause.

• Steinmann v. Dept. Highway Safety (Fla. 1st DCA): License suspension overturned because asthma inhaler contaminated breath sample.

A knowledgeable DUI defense attorney weaves these authorities into pre‑trial motions and jury instructions, demonstrating that Florida courts already recognize medical‑condition defenses.

Overcoming Prosecutorial Pushback

Expect prosecutors to argue that medical claims are “convenient excuses.” Counter tactics include:

• Early disclosure: Provide expert summaries months before trial to show transparency.

• Objective data: Blood‑glucose logs, CGM downloads, or vestibular‑function tests impress jurors more than verbal claims.

• Demonstrative exhibits: Blow‑up diagrams of GERD physiology or breath‑testing mechanics clarify confusing science.

Prosecutors often soften once they see a DUI defense attorney has hard evidence and credible experts prepared to testify.

When Medical Defenses Won’t Work

Honesty matters. A chest cold alone won’t void a 0.18 BAC reading. Conditions must plausibly produce the specific test anomaly or behavior officers observed. Judges reject speculative “possible” effects without corroboration. That’s why experienced counsel vets every claim and commissions expert reports before filing motions—the reputational stakes are high.

Practical Tips for Drivers with Medical Conditions

• Carry medical ID: A bracelet or phone app noting diabetes or seizure disorder prompts EMS evaluation rather than reflex arrest.

• Record medication times: Note inhaler puffs; timing helps your DUI defense attorney argue mouth‑alcohol contamination.

• Request medical attention: If you feel a hypoglycemic episode, asking for EMS on‑scene creates records supporting your later defense.

• Stay calm and disclose: Politely informing officers about vertigo or neuropathy may lead them to adapt field tests—or skip them, weakening the State’s case.

These proactive steps don’t guarantee dismissal, but they generate contemporaneous evidence harder for prosecutors to undermine.

The Impact of Expert Witnesses

Successful medical defenses almost always feature experts:

• Forensic toxicologists explain breath‑test science and physiological variables.

• Endocrinologists or gastroenterologists validate disease mechanisms.

• Neurologists document coordination disorders.

Your DUI defense attorney handles the vetting: board certifications, prior testimony, and publication history. Solid experts cost money, but their impact can eclipse fines, ignition‑interlock fees, and job loss a conviction brings.

Sentencing Alternatives if Suppression Fails

Even if medical defenses don’t secure acquittal, they influence sentencing:

• Medical hardship licenses: Judges may authorize restricted driving for essential appointments.

• Treatment‑center credit: Hospitalization related to the condition can offset jail days.

• Condition‑tailored probation: Courts might waive community service if vertigo limits mobility.

A persuasive DUI defense attorney frames medical context during plea talks, softening penalties.

Contact Us Today

If you’re facing DUI charges and suspect your health played a role, act fast. Jeffery Higgins and Brett Kocijan at Defend Ocala combine trial skill with medical‑technical savvy to spotlight alternative explanations, exclude unreliable tests, and convince juries to doubt the State’s case. Our DUI defense attorney firm serves clients throughout Marion County and Lake County, including Clermont, Leesburg, Tavares, and Eustis. Call today for a confidential consultation.