DUI arrests are not always caused by alcohol. They are not always caused by drugs. In fact, some DUI arrests happen when a person has not consumed a single substance of any kind. It sounds impossible until it happens to you, or to a family member, or to someone facing a medical emergency behind the wheel.
Imagine this. You are driving home from a doctor’s appointment. Your hands start shaking. Your vision blurs. You feel confused, light-headed, and can barely form words. Before you can call for help, you see police lights behind you. Minutes later, you are handcuffed and facing criminal charges for something you did not do.
This is not rare. It is not an exaggeration. It is a growing problem documented in multiple states. And because Indiana’s DUI laws allow officers to rely heavily on “signs of impairment,” these mistakes can happen here too.
If you are arrested for Operating a Vehicle While Intoxicated under Indiana Code 9-30-5-2, but you are actually suffering from a medical event, your life can be turned upside down. Booking photos. Court dates. Legal fees. License suspensions. Stress on your job and your family. All of it based on symptoms that were medical, not criminal.
This blog explains why these wrongful arrests happen, what medical symptoms officers confuse with intoxication, and most importantly, how to protect yourself if you live with a condition that could be misinterpreted.
Two Real Cases That Show How Fast a Medical Crisis Turns Into a DUI Charge
Before diving into Indiana law, let’s look at two recent cases from Tennessee and Texas. They show exactly how dangerous these misunderstandings can be, and why every driver with a medical condition should prepare before getting behind the wheel.
Case One: A Retired Sheriff’s Deputy Arrested During a Diabetic Crash
In August 2024, retired Tennessee sheriff’s deputy Dean Binkley was pulled over because officers believed he was impaired. In reality, his blood sugar had crashed. He was experiencing a severe diabetic episode.
The symptoms included:
- slurred speech
• confusion
• difficulty standing
• slow response times
These are classic signs of hypoglycemia. They are also the exact signs police are trained to associate with DUI. Despite being completely sober, Binkley was arrested and charged. It took weeks for the charges to be dropped. Now he is suing the Tennessee Highway Patrol.
Why does this matter? Because Tennessee discovered more than 600 sober DUI arrests since 2017. That is not an occasional mistake. It is a pattern.
Case Two: A Texas Driver Charged With DWI After Forgetting Medication
The second case involves Stevin Burrows of Deer Park, Texas. In October 2024, Burrows mistakenly drove on the wrong side of the road while in a diabetic episode. Officers insisted his eyes showed signs of depressant use. Burrows told them repeatedly that he was experiencing a medical issue.
Blood tests later confirmed:
- no alcohol
• no drugs
• no controlled substances of any kind
Even so, he was charged with DWI. Those charges were not dismissed until January of the following year.
For months, Burrows lived with a criminal accusation that should never have been filed.
These two cases explain why so many Indiana residents end up calling our office with the same question:
“How can I be charged with DUI when I wasn’t impaired?”
The answer is simple. Officers mistake medical symptoms for intoxication, and Indiana law gives them wide discretion to make that call.
Why Medical Crises Look Like DUI Symptoms
Police officers are trained to look for certain indicators during traffic stops. These include:
- weaving or crossing center lines
• glassy or bloodshot eyes
• slurred or slow speech
• difficulty standing
• confusion or delayed answers
• failing field sobriety tests
Every single one of these symptoms appears in common medical emergencies, including:
- diabetic crashes
• seizures
• neurological disorders
• panic attacks
• head injuries
• low blood pressure
• medication interactions
None of these conditions involve alcohol. None require drug use. Yet to an officer relying on visual cues and brief interactions, they can look the same.
And here is the legal problem.
Under Indiana Code 9-30-5-2, an officer can arrest you based solely on observed signs of impairment.
There does not have to be a failed chemical test.
There does not have to be alcohol present.
There does not even need to be an allegation that you consumed anything.
If the officer believes you are impaired, that alone can lead to your arrest.
Even when blood tests come back completely clean, the damage is already done. Booking photos are online. Court records are public. You may have already missed work, paid fees, and hired a lawyer.
People often assume the truth will clear everything up quickly. Unfortunately, it rarely works that way.
Why Officers Often “Jump the Gun” Instead of Waiting for Medical Confirmation
Some states instruct officers to transport medically distressed drivers to the hospital first. Blood can be drawn. Medical staff can assess what is happening. After results come back, officers decide whether to file charges.
This approach protects everyone. It avoids wrongful arrests. It avoids court backlogs. It prevents mugshots and reputational damage. It gives officers space to make the right call.
Some Indiana agencies follow this method. Others do not.
Too many officers rely on suspicion alone, and suspicion is not enough to justify destroying someone’s life.
Indiana does not require an immediate arrest in every case involving strange driving behavior. Officers have options. They can:
- escort the driver to a medical facility
• wait for lab results before seeking charges
• gather medical information on scene
But when these options are skipped, innocent drivers pay the price.
If You Have a Medical Condition, Preparation Protects You
A medical episode behind the wheel is frightening. You may not think clearly. You may not be able to communicate. That is why preparation is so important.
Here are steps every driver with a medical condition should take.
1. Pull Over if You Feel Symptoms Coming On
If you start feeling shaky, disoriented, or light-headed, pull over safely and call for help.
This does two things:
- protects you and others on the road
• reduces the chance of an officer mistaking your condition for intoxication
Many wrongful DUI arrests start because the driver was trying to “make it home” while in distress.
2. Create a Medical Envelope and Keep It in Your Car
Indianapolis has a Blue Envelope program for people with intellectual and developmental disabilities, but anyone with a medical condition that can mimic intoxication should create their own version.
Include:
- diagnosis
• prescription list
• treating physician
• emergency contact
• simple language describing your condition
A clear card that says, “I am diabetic. I am currently experiencing symptoms. I need medical attention,” can change how an officer handles the stop.
3. During a Stop, Provide Identifying Information Only
You must give:
- your driver’s license
• your name
• your address
• your date of birth
That is all state law requires. You are not required to explain your medical history, but if you are actively experiencing a medical crisis, you should clearly state:
“I am having a medical issue, and I need medical attention.”
That is not self-incrimination. It is safety.
Most officers will call EMS immediately. Many do not want the risk or liability of mishandling a medical emergency.
4. Do Not Hand Over Sensitive Medical Records to Police
People often assume that bringing medical paperwork directly to a prosecutor will fix everything. It does not. In fact, it can make things worse.
Why? Because some medications can be used against you.
Many prescriptions can cause drowsiness or balance issues. If prosecutors see those medications listed, they may argue your prescription contributed to impairment — even if it didn’t. You do not want to strengthen the case against you by accident.
Give your records to your attorney.
Your attorney will decide what to provide and when.
5. Document Everything as Soon as You Can
Write down:
- symptoms
• times
• interactions
• anything said by police
• blood sugar readings
• medication dosages
• hospital visit information
This helps your criminal defense attorney build a timeline and challenge the arrest.
6. Call a Criminal Defense Attorney Immediately
Do not assume the prosecutor will “figure out” you were innocent. Prosecutors rely on officer reports. If the officer wrote “driver appeared intoxicated,” prosecutors will treat you as intoxicated.
You need someone advocating for you.
A criminal defense attorney can:
- challenge field sobriety test validity
• request medical records and EMS reports
• demand bodycam footage
• challenge the officer’s probable cause
• file motions to dismiss
• protect you from statements that could be misinterpreted
• help seal or expunge the arrest after dismissal
You should not navigate this situation alone.
What Every Indiana Driver Should Know, Even If You Never Have Medical Issues
Even if you believe this will never apply to you, you still need to know:
- you have the right to remain silent
• you have the right to an attorney
• you must understand Indiana’s implied consent laws
• a DUI can be charged without a breath or blood test
• a medical misinterpretation can happen to anyone
If charges are dismissed, you must also know how to get the arrest off your record through expungement or sealing.
Wrongful DUI arrests leave a stain unless you take steps to remove them.
The Marc Lopez Law Firm Can Help
We defend DUI and OWI cases across Indiana, including cases where drivers were suffering from medical issues, not intoxication. Our team knows how to challenge assumptions, expose flaws in police observations, and use medical evidence to show what really happened.
Clients hire us because we:
- take the time to understand their medical history
• know how officers misinterpret medical symptoms
• push back against weak probable cause
• guide clients through the process with clarity and respect
• fight for dismissals, reductions, and record sealing
A DUI accusation does not make you guilty. A medical crisis does not make you a criminal. You deserve a criminal defense attorney who understands both law and medicine well enough to protect you.
If You Are Facing DUI Charges in Indiana, Make the Right Call
Do not try to fix this alone.
Do not try to negotiate with prosecutors without representation.
Do not assume the truth will speak for itself.
Call the Marc Lopez Law Firm at 463-363-0588.
We will review your case, explain your options, and fight to protect your future.
And always remember to plead the Fifth.
