DWI & DUI Expert Medical Witness
Over the last decade, Dr. Penek has provided opinion and expert witness testimony in numerous cases wherein medical disorders have provided significant mitigating factors in cases of possible DWI charges. Numerous medical conditions give the appearance of intoxication. Previously diagnosed or unrecognized cases of sleep disorders such as sleep apnea, narcolepsy and ideopathetic hypersomnia are easily confused with public intoxication by local and state police. Drowsy driving is common in these disorders and often results in erratic driving. In addition, other neurologic disorders and doctor prescribed medication may result in these same signs. These disorders may profoundly impact an individual's ability to perform roadside sobriety testing.
Numerous respiratory disorders may impact the ability to perform and the accuracy of roadside sobriety and breathalyzer testing. Patients with asthma, COPD, lung fibrosis may be unable to carry out these tests.
The ability of an individual to perform valid breathalyzer testing depends on relatively normal pulmonary physiology. In many such patients uneven emptying of lung segments impacts results and brings into question their accuracy. In others, impaired lung function makes it impossible to perform these tests.