Managing Attorney
If you’ve been arrested for DWI in Houston, it’s easy to feel like the case against you is airtight—especially if an officer claimed you showed signs of intoxication like slurred speech or unsteady balance. But what many people don’t realize is that medical and neurological conditions can mimic the exact same symptoms that officers look for when investigating a possible DWI.
At Ceja Law Firm, we understand how frequently medical issues are misinterpreted by law enforcement. Below, we explain how these conditions can lead to wrongful arrests—and how a Board-Certified DWI lawyer can help expose the truth.
The Role of “Observed Impairment” in DWI Arrests
Before making a DWI arrest, officers rely heavily on observations:
- Slurred speech
- Bloodshot or watery eyes
- Difficulty standing or walking
- Confusion or slow responses
- Odor of alcohol
These observations are used to determine whether a driver meets the legal definition of intoxication under Texas Penal Code §49.01(2), which defines intoxication as not having the normal use of mental or physical faculties due to alcohol or drugs, or having a blood alcohol concentration (BAC) of 0.08 or more.
But here’s the problem: these signs can be caused by dozens of legitimate medical conditions. If officers aren’t trained to recognize these alternatives—or ignore them—innocent people can be arrested and prosecuted unfairly.
Common Medical Conditions Mistaken for Intoxication
1. Diabetes (Hypoglycemia or Ketoacidosis)
People with diabetes, especially those experiencing low blood sugar or diabetic ketoacidosis (DKA), can present symptoms like slurred speech, confusion, and fruity-smelling breath—all of which can be mistaken for alcohol impairment. In some cases, a person in DKA may even appear disoriented or have difficulty standing.
Even breath test results can be affected. Certain ketones produced during diabetic episodes can cause false positives on breath machines due to chemical similarity to ethanol.
2. Neurological Disorders
Conditions such as multiple sclerosis, Parkinson’s disease, epilepsy, or past brain injuries can impair balance, coordination, and speech. These symptoms often cause someone to “fail” field sobriety tests, even if they are stone sober. If an officer lacks the medical training to spot the difference, they may jump to the wrong conclusion.
3. Fatigue and Sleep Deprivation
Severe exhaustion can cause slurred speech, delayed reactions, and confusion. A tired driver may also perform poorly on field sobriety tests simply due to lack of focus or motor control—not intoxication.
4. Anxiety and Panic Attacks
People experiencing anxiety can exhibit shaking, rapid speech, sweating, and erratic behavior. If you’ve been pulled over and your heart is racing, your performance on sobriety tests may be compromised. Anxiety can also lead to hyperventilation or dizziness, which can be misinterpreted as signs of impairment.
5. Inner Ear Disorders (e.g., Vertigo or Meniere’s Disease)
Balance-related issues are central to many field sobriety tests. Conditions like vertigo or Meniere’s disease can cause a completely sober person to stumble, sway, or fall during the tests—leading to an unjustified DWI arrest.
How These Conditions Impact Field Sobriety Tests (FSTs)
Field Sobriety Tests are standardized, but they’re far from perfect. Even the National Highway Traffic Safety Administration (NHTSA) acknowledges that these tests can be inaccurate when medical, physical, or mental limitations exist. Officers are required to ask whether you have any such limitations before starting the tests—but often they don’t.
If your performance on the walk-and-turn, one-leg stand, or horizontal gaze nystagmus (HGN) is affected by a legitimate condition, your attorney can argue that the results should be given little or no evidentiary weight.
What About Breath or Blood Test Results?
Medical conditions can also compromise the reliability of chemical testing:
- GERD (Gastroesophageal Reflux Disease): This can cause alcohol from the stomach to rise into the mouth, leading to falsely elevated breath results.
- Mouth Alcohol: Dentures, dental work, or recent alcohol-based mouthwash can also affect breath tests.
- Ketosis: Diets like keto and intermittent fasting can produce acetone, which some breath testing machines may read as ethanol.
In addition, the collection and handling of blood samples can introduce errors. If the blood wasn’t stored properly, it may ferment, artificially increasing the BAC level.
How Ceja Law Firm Uses Medical Evidence in DWI Cases
Medical issues don’t automatically result in a dismissal—but when properly presented, they can create reasonable doubt or undercut the reliability of the prosecution’s evidence if presented effectively at trial.
Here’s how Ceja Law Firm may use medical defenses:
- Review and present medical records to establish pre-existing conditions
- Retain experts to explain symptoms or test results
- Cross-examine officers to highlight flawed or biased observations
- File motions to suppress unreliable test results or procedures
- Challenge field sobriety tests that didn’t account for medical limitations
In some cases, raising a valid medical issue early in the process can persuade the prosecution to reduce or even dismiss charges.
What to Do If You Have a Medical Condition and Are Arrested for DWI
If you know you have a condition that could be misinterpreted by police, it’s critical to tell your lawyer immediately after an arrest. Do not assume that the judge or prosecutor will discover this on their own.
Your attorney can:
- Obtain your medical history from doctors or hospitals
- Compare the symptoms to the officer’s observations
- Retain a qualified expert to explain the condition in court
The earlier you begin this process, the better chance you have of avoiding a conviction.
Don’t Let a Medical Issue Turn Into a Criminal Record
Don’t let a misunderstood medical condition lead to a criminal record. If you or a loved one has been arrested for DWI in Houston and you believe a health issue may have been misinterpreted as intoxication, Ceja Law Firm can help. We take a medically informed approach to DWI defense and fight aggressively to protect your record, license, and future.
Contact Ceja Law Firm today for a free consultation with a Board-Certified Houston DWI lawyer.
