DUI or Fibromyalgia? Driving Under the Influence of Pain

Article provided by The Law Offices of Howard Weintraub, P.C.

Michael and William, old friends from college, decided to meet for dinner one evening in Buckhead, Atlanta’s most frequented nightlife and restaurant district. Over a glass of wine they swapped war stories and reminisced about the good times they shared while attending the University of Georgia.

William tells Michael he has been recently diagnosed with fibromyalgia (FM) and has been dealing with constant pain, exhaustion and forgetfulness since a car accident several years ago. Generally thought to be a syndrome mainly affecting females, fibromyalgia and gender has become a medical controversy adding to the confusion of diagnosing this painful condition. Because FM is more prevalent among the female gender, this syndrome is often misdiagnosed among the male population, but in reality, it does afflict men as well.

On the way home, William is pulled over and the officer requests that William take field sobriety tests. Because William only had one glass of wine with dinner, he obliged the officer’s request. After having difficulties with the balance and coordination portions of the tests, the officer gives William a portable breath test and it registers positive for alcohol and he is arrested for DUI…