Can I use my diet as a DUI defense?

Posted by William H. Sherman on Nov 24, 2015 | 0 Comments

Question:     I'm asking questions to lawyers because I got a DUI in Atlanta and I want to see if I can use a certain defense.  I'd like possibly use as a defense that my diet made me drink and drive.  This isn't my first DUI but I haven't had one in over 5 years.  I think my diet caused me to not use good judgment and to drive drunk.

I've been trying to lose weight so I've totally changed my diet.  I was reading that Jared Fogle, the SUBWAY sandwich spokesman, used his diet as an excuse for his criminal case.  I'd like to do the same thing for my case.

I don't think I would have gotten a DUI if I hadn't been on this diet.  I've been on the diet for about 2 months and I really do feel different.  And I usually don't too much.  I usually have a little bit of wine, maybe a few beers and rarely will I have a mixed-drink.  I just can't explain why I drank and drove my car, other than because of the diet, which I think changed my brain functioning.

I mean I don't eat carbs and I try to eat only raw foods.  I drink enormous amounts of water and I have pretty much given up alcohol; and I do a lot of enemas.

I got stopped because of speeding and I cooperated and did all of the tests.  I took the breath test and I blew a .24.  I want to know if I can use my diet as a defense. 

P.A. in Sandy Springs, GA

Answer:     Using your diet as a defense is unlikely to work.  You mention Jared Fogle, the former SUBWAY pitchman.  He didn't actually use his diet as a legal defense, because he pled guilty.  He tried to use it at sentencing to help get a reduced sentence.  But it didn't work and he was sentenced to a lengthy prison term.

However, in the context of a DUI charge, it is also unlikely to work.  It is not legally significant that your diet led to poor judgement and you wound up getting arrested.  Judges, prosecutors and others won't care about why you chose to drink and drive, that's irrelevant.  They will only care that you were drinking and driving.

A diet defense is similar to other defenses that involve motivations.  Sometimes people will try to explain their charges because of emotional tumult in their lives.  They might be going thru a divorce, having trouble at work or are angry about some aspect of their personal lives.

About Us

A DUI charge is very serious.  And you need a real, effective Atlanta DUI lawyer.  You need an attorney with experience, connections and knowledge.   Just call us at 678-215-4106.   

When you need a defense team, attorneys William H. Sherman and Valerie W. Sherman should be your first choice!

We've served as a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”