Medical Distress or DUI? It’s Not Always Clear

Understanding the Consequences in Court

It may surprise you, but a .08 breathalyzer reading isn’t required for a DUI arrest. In fact, it's far from necessary. As we've discussed before—and will likely cover again—police officers can arrest someone for DUI if they suspect impairment based on the totality of the evidence.

Stroke or DUI? Reckless Driving Symptoms Overlap

When drivers display symptoms like slurred speech, confusion, trouble seeing, distraction, unresponsiveness, lack of coordination, or difficulty answering simple questions, officers may conclude they're under the influence. However, these are also classic stroke symptoms, which can be easily mistaken for reckless driving behavior.

High-Profile DUI Mistakes in Washington

Over the past five or six years, several high-profile incidents in Washington have shown the overlap between stroke symptoms and DUI suspicions. Unfortunately, this isn’t just a Washington issue. A quick search reveals numerous reports nationwide of individuals pulled over and arrested for DUI when, in reality, they were experiencing a stroke.

Common themes emerge in these cases: the arresting officer (and sometimes even EMTs) missed clear signs of a stroke, leading to an arrest. These mistakes have cost police departments and municipalities hundreds of thousands of dollars in lawsuits.

A Result of Training Gaps?

This pattern suggests a gap in training—not in identifying impaired drivers but in considering other potential causes beyond drugs or alcohol. Officers are well-trained to spot signs of intoxication, but this training may be too narrow, focusing exclusively on impairment and not leaving room for alternative explanations.

The DUI process is particularly prone to confirmation bias. Once an officer observes a driver behaving unusually, the assumption of DUI can take hold, and every subsequent action by the driver is interpreted through that lens. This bias can lead to the arrest of individuals experiencing medical episodes, such as strokes, diabetic incidents, or other conditions with similar symptoms.

For those facing first-offense DUI charges, understanding these complexities can make a significant difference in their defense strategy.

The Risk of Arrest vs. Emergency Medical Care

When someone is experiencing a stroke, immediate medical attention is crucial to prevent permanent disability or death. Arresting and detaining someone in such a state is dangerous and inappropriate. A jail or police station is not an alternative to the emergency room.

Improved training and a more open-minded approach are essential. Officers should recognize that quickly labeling someone as intoxicated without considering other possibilities could be fatal.

A Simple Solution: The Smile Test

I recently spoke with a friend about this issue, and he suggested a simple test: "They could take a second and ask the guy to smile—if they can't, it could be a stroke." This advice aligns with medical recommendations. If someone’s smile appears lopsided or unusual, it could indicate a stroke, and medical help should be called immediately.

This small step could prevent severe consequences and potentially save lives.

Protect Your Rights: Contact Our DUI Defense Team

If you or a loved one has been wrongfully arrested for DUI due to a medical emergency, don’t wait. Our experienced DUI defense attorneys understand the complexities of such cases and will fight to protect your rights. We have successfully defended clients facing DUI charges resulting from medical episodes like strokes, diabetic emergencies, and more.

Reach out to us today for a consultation. Let us help you navigate this challenging situation and work towards the best possible outcome. Contact us now to schedule your appointment and learn more about DUI penalties.