An extreme low carb diet can lead to false positives on DUI breath tests.
In 2018, the keotgenic diet is more popular than ever before. This diet has long been recommended for patients with certain medical conditions, such as epilepsy. Yet in recent months, it has gained a following because it allows dieters to eat a high fat diet and still lose weight.
The diet essentially works by very strictly limiting carbohydrates, which puts the body into a state of ketosis. The body then produces more ketones, which is a desired side effect of the diet — yet can have some serious complications when it comes to your safety behind the wheel and the possibility of being charged with driving under the influence (DUI).
As a Riverside DUI defense attorney can tell you, ketones have a similar chemical composition to isopropyl alcohol. While this type of alcohol is different than the type found in alcohol beverages (ethyl alcohol), most DUI breath testing devices cannot differentiate between ketones and ethyl alcohol.
Perhaps more importantly for the purposes of driver safety, being in a state of ketosis — while desirable for losing weight — can actually have similar symptoms to alcohol impairment. For example, ketosis can lead to decreased coordination, a feeling of sluggishness, and a flushed face. It can also cause dehydration and excessive thirst, and can make a person’s breath actually smell like alcohol. If you are pulled over on suspicion of DUI and are on a keto diet, a police officer might actually think that you have been drinking — even if you are perfectly sober.
The problem then gets worse if you are asked to take a breath test to determine if you have been drinking — because many of these machines cannot actually tell the difference between isopropyl and ethyl alcohol. You can then have a false positive DUI breath test, which — combined with showing objective symptoms of impairment — could land you in jail, even if you are well under the legal limit or haven’t had a single alcoholic beverage.
Fortunately, with the help of an experienced Riverside DUI defense attorney, you may be able beat a false DUI arrest based on a ketogenic diet. Proof that you are following this diet could lead to the charge being reduced or even dropped. However, it is important to remember for future reference that you are not required to take roadside breathalyzer tests unless you are under the age of 21 or currently on DUI probation. This may help to prevent a false positive DUI test and arrest. In addition, you have the option of requesting a blood sample, which may be a smart choice if you are on a ketogenic or other low carb diet that could result in a state of ketosis.
At the Chambers Law Firm, we understand the complex nature of the tests that measure blood alcohol content — and we stand ready to put our knowledge to work for you. Contact our skilled Riverside DUI defense attorneys today to schedule a free initial appointment at 714-760-4088 or dchambers@clfca.com.
