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State v. A.F. – .229 Breath Test Not Guilty Jury Verdict

A.F. hit another car from behind.  When officers arrived, they found A.F. to be in a stupor.  She failed all the field sobriety evaluations, and had a difficult time walking.  She agreed to a breath test and registered .229 on the Intoxilyzer 5000.  In trial, Mr. Ryczek showed that that A.F. suffered from diabetes and suffered from high blood sugar at the time of her arrest.  He proved this using the medical records from the jail when A.F. was booked in.  Mr. Ryczek argued that people who suffer from high blood sugar produce alcohol in their blood, and Intoxilyzer machines produce unreliable results when the motorist has high blood sugar.  The jury found A.K. not guilty of DUI.