Q: I was charged with a OVI in Portsmouth Ohio after rear ending a car in front of me.
I am diabetic and has been out of my medicine for about 2 weeks. I had stopped in Western Virginia and had drank a pint of fireball whiskey and a can of Mikes hard lemonade while I was resting and then got back on the road to Mount Gilead Ohio at about 5am. I blew a .115 on the breathalyzer but after I got out of jail I tested my blood sugar and it was over 400 and I still felt very bad. The officer never asked me if I was diabetic or anything and I feel that the amount I drank was not enough to make me legally intoxicated so I’m asking if being out of my medicine for a couple of weeks and then drinking what I did if there would be any way to bring that in as a defense?
A: Unfortunately not. And the amount you drank put you over the limit. Your being diabetic and drinking two high sugar cocktails does not make sense especially when you were not medicated.
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