Frequently Asked Questions About Medical Emergencies and DUI Arrests in Indiana
1. Can I be arrested for DUI in Indiana if I was having a medical emergency?
Yes. In Indiana, an officer may arrest someone for Operating a Vehicle While Intoxicated if the officer believes the person shows signs of impairment. Unfortunately, symptoms from medical emergencies, such as slurred speech, confusion, poor balance, shaking, or delayed responses, can look similar to alcohol or drug impairment during a traffic stop.
2. What medical conditions can be mistaken for intoxication?
Several medical issues can mimic DUI symptoms, including diabetic episodes, seizures, head injuries, panic attacks, neurological disorders, low blood pressure, and medication reactions. These conditions may affect speech, balance, coordination, alertness, or driving behavior, which can lead officers to make the wrong assumption.
3. What should I say if I am pulled over while having a medical issue?
You should provide the basic identifying information required during a traffic stop, such as your license, name, address, and date of birth. If you are experiencing a medical emergency, clearly say, “I am having a medical issue, and I need medical attention.” You should avoid trying to explain your entire medical history on the roadside.
4. Should I give my medical records directly to the police or prosecutor?
No. You should speak with a criminal defense attorney before giving medical records to police or prosecutors. Some medications or health details could be misunderstood or used against you. Your attorney can review the records and decide what information should be shared to protect your defense.
5. What should I do if I was wrongly arrested for DUI because of a medical condition?
You should contact a criminal defense attorney as soon as possible. An attorney can request bodycam footage, EMS reports, hospital records, lab results, and other evidence that may show your symptoms were medical, not criminal. A lawyer can also help challenge probable cause and work toward dismissal, reduction, expungement, or record sealing when appropriate.