There has been a lot of discussion in recent years on the impact of a low-carb or keto diet on DUI arrests in California. Can they really cause a positive result on a breathalyzer when the driver has not been drinking? Keep reading to get the facts. If you need a legal opinion about your specific case, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
There Are Several Medical and Physiological Conditions That Can Produce False-Positive Breathalyzer Results
Diabetes is one of the most common conditions that causes false positive DUI results. Others include ketosis, fasting, hypoglycemia, and low carb / high protein diets like Paleo and Atkins. When there is not enough carb intake or, as happens in diabetes, there is not enough insulin to keep blood sugar levels normalized, the body might produce ketones. These are very similar in their chemical composition to isopropyl alcohol, but very different from the alcohol that gets you drunk.
The Limits of Breathalyzer Tests
The issue with breathalyzer tests is that they cannot reliably determine the difference in ketones and ethyl alcohol. To this end, police claim that they can then use field sobriety tests to determine if a person is likely intoxicated. This involves them using visible signs to determine if a person is under the influence.
There are two reasons this is an issue. First, study after study has shown that field sobriety tests are unreliable. Second, they are particularly unhelpful for a person who is following keto because ketosis can actually produce some of the signs that an officer might use to determine a person is under the influence. This includes excessive thirst, decreased coordination, sluggishness, flushed face, and breath that smells like the person has been drinking alcohol.
People Who Follow Low-Carb Diets Can Be Charged with a Variety of DUI Crimes
People who follow a low-carb diet, or who have hypoglycemia, can be falsely accused of driving under the influence and driving with a BAC of 0.08% or more. The good news is that your DUI attorney can fight these charges. We can show the effects of your diet or health issue and can give the jury more than enough probable doubt to make the right decision.
Talk to a DUI Attorney Today
Whether you failed a breathalyzer or the officer decided you were drinking due to your actions, you have a right to a vigorous defense. You can get that by contacting Law Office of Michael L. Fell at (949) 585-9055. We are happy to begin with a free legal consultation during which we can go over the basics of your case and your options. Contact us today to get started right away.