The Strong Defense You Deserve Against Criminal Charges

Could your diet lead to a DUI?

| Jul 23, 2021 | DUI

These days, everybody seems to be worried about their weight. Whether you just want to look better or you’re concerned about your long-term health, dropping a few pounds probably seems like a good idea.

Pick the wrong diet, however, and you can end up with an accidental drunk driving charge.

Keto diets can give false positives on  Breathalyzer tests

Keto diets are very popular right now — mostly because they offer a reliable way to lose weight without feeling half-starved. Keto diets rely on high-fat, high-protein and low-carbohydrate food choices. Over time, this forces the human body into a state of ketosis. Then, your liver has to break down the fat in your body to provide its own fuel for operation.

Ultimately, this physiological process creates a natural store of acetone in the body which is gradually expelled when you breathe.

Because Breathalyzers measure the acetone in your breath, it’s the same by-product that you expel when you have been drinking. Since there’s no way for the Breathalyzer to tell the difference between naturally produced acetone and acetone that’s been ingested through alcohol, the machine can register your blood alcohol content (BAC) as outrageously high even when you’re sober.

What can you do if you’re facing drunk driving charges?

You can’t refuse to take a Breathalyzer test without putting your license at risk, and the odds of convincing a police officer that you’re on a diet — not drunk — are pretty small once you’ve blown a BAC level that’s over .08%. If you end up facing drunk driving charges, it’s better to put your faith in a good defense.