Sure, dieting can help you lose weight. But did you know the ketogenic diet can cause false positives on breathalyzers? Here’s why eating keto can sometimes trigger a false positive breath test and how you might defend the resulting DUI charges.
What Is the Keto Diet?
The keto diet comes down to carbohydrates, or “carbs.
When you eat keto, you restrict the amount of carbs you eat. Since carbs are the body’s main fuel source, the keto diet forces the body to burn fat stores for energy instead.
How Can Eating Keto Affect Breathalyzer Results?
When you restrict carbs, your body enters a metabolic state called ketosis. During ketosis, the liver breaks down fat stores and releases a chemical – acetone. Acetone is very similar to isopropyl alcohol, so it might trigger a “positive” breath test which leads to a DUI arrest.
Some medical conditions, like diabetes, can also cause ketosis. Tell your Nevada criminal defense attorney about any medical conditions you have.
Is Ketosis a Defense to a DUI?
It depends on the case facts.
If there’s little or no evidence you were drinking alcohol, and you can prove you’re on a keto diet or have a medical condition that causes ketosis, it’s possible to fight the positive breath test. Proving your case may require, for example:
- expert evidence
- food journal
- medical records
- shopping receipts
- witness statements
Proving a false positive breath test is only one part of defending a DUI, though. Attorney Barry will examine your case in detail and explain what defenses may be available to you. She can advise whether there’s sufficient evidence to have the DUI charges reduced or dropped completely.
Let At Ease Law Help With Your DUI in Nevada
Are you facing a DUI charge after a positive breath test? Attorney Barry can help. As an experienced criminal defense attorney, she can explain what happens next and how you might fight the DUI charge. Contact At Ease Law by telephone at (702)-602-5004 or fill out the form online to arrange a meeting.