Mike Brandt’s client was charged with DWI after a 911 caller saw him driving erratically. Mike’s client had crashed his car causing significant damage and was eventually confronted by the police. Mike’s client was obviously intoxicated and tested at nearly three times the legal limit. Complicating the situation was the fact that Mike’s client had four prior DWIs on his record. While some of these convictions were older (so they could not be used to make this a felony) they nevertheless made the case much more challenging.

In reviewing the file and going through his client’s history, Mike discovered that his client is a diabetic and, at the time of this incident, was hyperglycemic. This is a condition where the blood sugar levels become dangerously high and can create a phenomenon called ketoacidosis. This is where a diabetic’s body does not use the sugar from their blood but instead the person starts burning fat creating a chemical reaction which can result in ketones, which will show up in a breath test. Mike pointed out this issue to the prosecutor along with the fact that his client had taken proactive steps to get back into treatment and deal with his alcohol issues. Based upon all of this information, the prosecutor agreed to a negotiation whereby Mike’s client would not have to spend any time in jail nor do any house arrest, but was placed on probation for three years with the condition that he not consume alcohol.