Diets low in carbohydrates may be healthy — but they can result in production of a chemical compound that causes false positive breathalyzer tests.
Millions of Americans are attempting to lose weight at any given point in time — and many of them turn to low carb or gluten-free diets to help them achieve those goals. While a low carbohydrate diet can be incredibly healthy, the byproduct of these diets may be a chemical compound that can result in a false positive blood alcohol content (BAC) reading on a chemical breath test. If you’re on a low carb diet and have been arrested for a California DUI, a skilled Newport Beach DUI lawyer may be able to fight these charges.
Why Low Carb Diets Can Trick Breath Tests
Certain low carb diets and medical conditions such as diabetes lead our bodies to produce a chemical compound known as ketones. This happens because our bodies have either insufficient carbohydrates or insulin to produce energy or keep blood sugar levels even. The body then produces ketones, which have a similar chemical compound to isopropyl alcohol. While this is a different type of alcohol than what we drink in alcoholic beverages, it can nonetheless trigger a false positive breathalyzer test.
That is because most chemical breath tests do not distinguish between types of alcohol in a breath sample. Instead, the test measures chemical compounds containing the methyl group. This could include ketones, leading to a false positive result. Moreover, if excessive ketones are produced, a person could have physical signs and symptoms that look like intoxication, such as decreased coordination, a flushed face, dehydration and even an odor of alcohol on a person’s breath.
Ketones can be produced by a number of diets and medical conditions. This may include a high protein/low carb diet like the Paleo diet, South Beach Diet or Atkins, fasting, diarrhea, starvation, anorexia or bulimia. They can also be produced when a person has diabetes or hypoglycemia (low blood sugar).
Defending Against DUI Charges Based on False Positives
If you have any medical conditions or are on a special diet, your Newport Beach DUI lawyer may be able to use this fact to help defend you against DUI charges. Because many chemical breath test machines cannot differentiate between types of alcohol in a person’s breath sample (such as isopropyl and ethyl alcohol), it is entirely possible that your blood alcohol content reading will be falsely high. Using this information, your attorney may be able to negotiate a dismissal or reduction of the charges — or use your medical history as a defense at trial, if necessary.
Low carb diets, diabetes and other medical conditions are just some of the reasons why a chemical breath test may display a false positive result. If you believe that you have a medical defense to a DUI charge, it is important to inform your lawyer about your condition or special diet as soon as possible after you are arrested and charged with DUI.
An aggressive Newport Beach DUI lawyer is key to having false positive DUI charges thrown out — or getting a not guilty verdict at trial. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn how we can help you if you have been falsely accused of driving under the influence of alcohol.
