Can Diabetes Defend Redon's Drunk Driving Case?

- Deputy Mayor Leonard Redon's lawyer would not comment on the charge, but did say that diabetes can be used as a defense for DWI.

About 13 hours after his DWI arrest, News 8 cameras were there as Redon met with prominent DWI defense attorney Ed Fiandach. Fiandach has more than 20 years of experience with DWI cases. Redon's defense will likely be mounted on his claim that he has diabetes. DWI attorney Todd Wisner says Redon may have spilled the beans on his diabetes diagnosis too soon.

"I wouldn't bring it up at a conference or motions or hearing. It wouldn't be until we're down to trial and I would want to make sure we actually have a viable defendant for the defense before I brought it up," he said.

Still, Wisner says diabetes can be a valid defense.

"Hyperglycemia result when the body doesn't receive enough insulin and that can result in a fruity, acetone type smell on your breath that can be mistaken for alcohol," he said.

According to Wisner, the breath tests commonly used by police can register acetone as alcohol. 

"Studies have shown that can be as high as a .06 and that is added to whatever your BAC might be. In other words, if your true blood alcohol concentration is .03, it could show a .09 BAC," Wisner said.

Redon's meeting with his attorney is likely the first of many. He is due back in court for arraignment next month. 

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