Has anyone heard of a DWI defense of anorexia/bulimia? I think a defense attorney is going to argue that a defendant's eating disorder will have some implication on their intoxilyzer results. If there is, does anyone know of an expert out there that would testify to such?

Thanks

If the argument is that somehow the disorder creates a ketosis-like state in the body, then it's just a variation of the diabetes/Atkins defense. Speak with your technical supervisor regarding the sensitivity of the instrument to breath byproducts of ketosis.

Here's one study that seems to indicate that a reading of .02 due to ketosis is at least possible: http://www.nature.com/ijo/journal/v31/n3/full/0803444a.html

However, .02 is a LONG way from .08, and the state of ketosis necessary to produce that sort of breath result would also likely result in death. You're going to have to lean on other facts to rule out the defense, but it should be entirely doable.

So then why fight about their BAC? Did they have the normal use of their mental or physical faculties? If you've got the evidence to prove they were impaired, just sidestep that fight.

If the claim is that somehow the effect of alcohol on the defendant is greater or lesser than on someone without the condition, then the basic answer is too bad. It all comes back to the Bubba / Billy example. Bubba can drink a case of beer, and afterwards if you talk with him you might not know- but his reaction times (and mental and physical faculties) are impaired. Billy only had one glass of champagne on his wedding night- but that one glass sent him over the moon. Both of them have lost their normal mental and physical faculties.

As an aside- blood tests don't have this problem, as the Gas Chromatograph instrument distinguishes between isopropanol and ketones. Yet one more reason to get blood!

probably a jim james defense