As a Kentucky DUI attorney, I have observed diabetics arrested and victimized by the zealous efforts by poorly trained law enforcement officers seeking to obtain a DUI convictions. The truth is that some diabetic individuals arrested for DUI are innocent of the DUI charges and need medical attention.
For example, in one case reviewed for this article, the subject arrested by police for DUI suffered from diabetic symptoms, and the officer did nothing to help the detainee. In that case, the officer stated on the police report that the subject had the odor of alcohol, that they failed all of the standard field sobriety tests (SFSTs), and that the Portable Breath Test (PBT) device measured alcohol on the subjects breath. Yet the subject's blood test for alcohol registered ZERO. In that case the prosecutor refused to drop the charges, further victimizing the detainee.
In reality, this author has the opinion that many Kentucky police officers are not given enough training to determine if a person should be arrested for DUI or if they are in need of medical attention. I wrote about the problem of poor officer training in my post Standard Field Sobriety Tests Do Not Accurately Measure Driver Impairment. In that post, I presented a research study on the inaccuracy of the Standard Field Sobriety Tests conducted in 1991 at Clemson University which showed that SFST's yield false results. In that study, 21 sober individuals with a blood alcohol content of zero (0.00) were videotaped performing six common Standard Field Sobriety Tests. The videotapes were then shown to 14 officers who were asked to determine if each of the individuals had too much to drink and drive. The officers were not informed that the individuals on the videotapes were sober. The officers found that 46 percent of the time the individuals were too intoxicated to drive. Since this study did not occur in Kentucky, it therefore can be argued that this may not be limited to Kentucky police officers.
This author therefore recommends that Kentucky police officers who can be expected to arrest individuals for DUI be given additional training to aid in the detection of persons suffering from medical conditions, including diabetes.
Post by Lexington Kentucky Attorney Stephen J. Isaacs, Isaacs Law Office.
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