Drink driving and diabetes

Anyone know if this area has been tested in Irish courts? I know there is a string of US articles on the effects of diabetes on the breathlyzer, but was wondering if there is any case law or notes on the potential effects on the blood test. I see passing references to it online, but not sure if it has been tested here.

Thanks.

Reloc8

Under Irish law, presuming that the test on breath, blood or urine comes back with a higher blood/breath/urine concentration that the specified minimum limit the offence is committed (subject to any defence regarding the legality of detection, arrest, detention & observance of procedure etc.).

In other words, it doesn't matter how or why somebody's specimen tests over the limit for the usual offences (Under s. 49(1) and the S. 50 equivalent there is an offence which is committed for being so drunk as to be incapable of control over a vehicle - in respect of this offence it does not matter what a given concentration test resulted at; opinion evidence as to capacity & extent of intoxication will be given. Prosecution under this section is very rare in modern times).

Now if it is the case that a person being diabetic or for whatever reason could result in a 'false-positive' in other words a test sample coming out at an apparent concentration level which in fact did not represent the actual concentration then yes this could offer a defence to a concentration offence (the certificate of testing is evidence of the concentration & other facts thereon unless rebutted). If being diabetic meant simply that ones metabolism processed alcohol in a manner which results in higher concentration readings than one would expect in a non-diabetic who consumed the same amount of alcohol this would not be a defence at all but would certainly go to mitigation (of little comfort where mandatory disqualification orders apply).

I'm not aware of any judgments of the Irish Courts dealing with the matter. The above may explain way subject to an expert view on whether diabetes causes false positives/incorrect high readings, or simply exacerbates the extent to which relatively smaller amounts of food/drink containing alcohol are metabolised to reflect concentration.

Reloc8

Reloc8 wrote: »

Now if it is the case that a person being diabetic or for whatever reason could result in a 'false-positive' in other words a test sample coming out at an apparent concentration level which in fact did not represent the actual concentration then yes this could offer a defence to a concentration offence (the certificate of testing is evidence of the concentration & other facts thereon unless rebutted). If being diabetic meant simply that ones metabolism processed alcohol in a manner which results in higher concentration readings than one would expect in a non-diabetic who consumed the same amount of alcohol this would not be a defence at all but would certainly go to mitigation (of little comfort where mandatory disqualification orders apply).

A fellow I know clocking in with a reading above the 3 year disqualification limit. Can't take the stand as he had taken some drink, so just wondering if anyone has run a defence on the basis that diabetes (perhaps more accurately the insulin) can influence the outcome of the test process, whether to give a false positive (though he should have given a reading for some alcohol anyway) or greatly increase the findings. Long shot I know, but I guess when he is facing a 3 year ban, he's looking for those long shots!

Reloc8

Yep...its not legal advice he needs on the effect of insulin on an alcohol reading, its medical/scientific.

Never heard of that point being run in defence.