Chicago Criminal Lawyer Blog
Understanding the Keto Diet and Its Effect on Breath Tests
The ketogenic diet, commonly referred to as keto, is a low-carbohydrate, high-fat diet designed to put the body into a metabolic state called ketosis. In ketosis, the body burns fat instead of carbohydrates for energy, producing ketones as a byproduct. One type of ketone, acetone, is released through the breath and can sometimes interfere with DUI breathalyzer tests. This has raised concerns about whether individuals on a ketogenic diet could register false-positive breath test results, leading to wrongful DUI charges.
How Breathalyzers Detect Alcohol
Breathalyzers are designed to measure blood alcohol concentration (BAC) by detecting ethanol in a person’s breath. When a person consumes alcohol, the ethanol is absorbed into the bloodstream and then exhaled through the lungs. Breathalyzer devices use chemical or infrared sensors to analyze breath samples and estimate BAC levels.
However, breathalyzers are not always precise. Some devices may misinterpret substances similar to ethanol, including ketones, leading to false-positive results for individuals who have not consumed alcohol.
Why the Keto Diet Can Cause False Positives
When the body produces ketones during ketosis, one of the byproducts is acetone, which is exhaled through the breath. Acetone can be chemically similar to isopropanol, a type of alcohol that some breathalyzers may mistake for ethanol. If the device is not properly calibrated to distinguish between these substances, it could incorrectly register the presence of alcohol, even when no alcoholic beverages were consumed.
Scientific Studies on Keto Diets and Breathalyzer Results
Research has shown that individuals on ketogenic diets or fasting states can produce enough acetone in their breath to trigger inaccurate BAC readings. Some studies indicate that older or less sophisticated breathalyzer models are more likely to misinterpret acetone as ethanol. However, modern breath testing devices with fuel cell technology are generally better at distinguishing ketones from alcohol.
Despite technological improvements, law enforcement agencies may still use older models, leading to the potential for wrongful DUI arrests based on inaccurate breath test results.
Legal Defenses for Keto Diet-Related DUI Arrests
For individuals who follow a ketogenic diet and are falsely accused of DUI based on a breathalyzer result, several legal defenses may apply:
- Medical or dietary evidence: A defense attorney may present evidence showing that the defendant follows a ketogenic diet, which can explain the presence of acetone on their breath.
- Secondary chemical testing: A blood test may provide a more accurate BAC measurement, helping to disprove a breath test result.
- Challenging breathalyzer accuracy: The defense can question whether the device used was properly maintained and whether it was capable of distinguishing ketones from ethanol.
- Questioning law enforcement procedures: If the officer failed to administer the test properly or relied solely on a faulty breathalyzer, the case could be challenged in court.
The Importance of Legal Representation in DUI Cases
For individuals following a ketogenic diet, a false-positive breath test result can lead to wrongful DUI charges, potential fines, license suspension, and even jail time. Hiring a knowledgeable DUI defense attorney is crucial for challenging inaccurate test results and protecting the rights of the accused.
While the keto diet is a popular and effective way to lose weight, it presents a unique challenge when it comes to DUI breath tests. Ketosis can lead to the production of acetone, which may interfere with breathalyzer accuracy, especially with older testing devices. Understanding the scientific basis behind false-positive readings and having the right legal defense can make all the difference in fighting an unfair DUI charge.
Call The Law Offices of David L. Freidberg For A Powerful DUI Defense
A DUI conviction can have long-term consequences that extend beyond the courtroom. The Law Offices of David L. Freidberg provides aggressive and knowledgeable legal representation for individuals facing criminal charges. Our team is committed to protecting our clients’ rights and minimizing the impact of a criminal charge on their lives.
If you are facing DUI charges in Chicago, the right legal representation can make all the difference. The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of DUI in Chicago. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated DUI defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.
