Driving under the influence (DUI) is a serious offense. After a conviction, you risk facing significant legal and collateral consequences. California Vehicle Code 23152 criminalizes operating a vehicle under the influence of alcohol. You could face an arrest and conviction for DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher.
A law enforcement officer administers a breath test at the DUI stop, followed by a blood test after the arrest. DUI laws are straightforward. However, certain physiological conditions and lifestyle choices can complicate DUI testing, leading to potential miscarriages of justice. One such factor is the consumption of low-carbohydrate diets.
The diet induces a metabolic state known as ketosis. Ketones are detected as alcohol in the breath, blood, or urine. Understanding how this factor can result in false positive breath tests and DUI charges is critical in your defense. Therefore, you will need the insight of a reliable DUI lawyer.
What Is Ketosis?
Ketosis is a natural metabolic state in which the body primarily burns fat for fuel instead of carbohydrates. Under typical dietary conditions, the body uses glucose as its primary energy source. However, when carbohydrate intake reduces below 50 grams daily, the body is forced to find an alternative energy source. In response, the liver converts fatty acids into ketone bodies, which the brain can use for energy.
How a Low-Carbohydrate Diet Induces Ketosis
The glucose used by the body as a primary energy source is derived from carbohydrates. The body's responses to low levels of carbohydrate intake include:
- Blood glucose levels drop, and insulin secretion declines.
- Glycogen stores are depleted. The storage form of glucose in the liver and muscles is depleted.
- The body increases lipolysis. This is the breakdown of fat stores into fatty acids.
- The liver converts these fatty acids into ketones, which enter the bloodstream and are used as an alternative fuel source.
This process begins within 2–4 days of starting a very low-carb diet. However, it may take longer depending on physical activity and prior carbohydrate consumption.
Types of Low-Carbohydrate Diets
Not all low-carb diets are ketogenic. For ketosis, carbohydrate intake must be below 20–50 grams daily. Some well-known diets that may induce ketosis include:
- Ketogenic Diet. The diet is explicitly designed to induce ketosis with a macronutrient ratio around 70–80% fat, 10–20% protein, and 5–10% carbohydrates.
- Atkins Diet. It starts with a low-carb intake, like keto, and gradually reintroduces carbs.
- Carnivore or Zero-Carb Diets. The diet may induce ketosis by eliminating all carbohydrate intake.
Other low-carb diets that allow higher levels of carbohydrate intake might not induce ketosis. However, they can still reduce insulin levels and promote fat loss.
Signs and Effects of Ketosis
The signs that your body is in ketosis may include:
- Increased ketone levels. These ketones are measurable as alcohol in a person's blood, breath, and urine.
- Weight loss, particularly from fat stores
- Reduced appetite
- Temporary side effects like headache, fatigue, and nausea
Some people pursue ketosis intentionally for benefits like:
- Weight loss
- Improved mental clarity
- Enhanced energy levels
- Potential therapeutic effects for neurological conditions
Although the diet can yield the desired results, it could cause significant issues when you undergo a breathalyzer test at a DUI stop.
The Impact of Low-Carb Diets on DUI Breathalyzer Results
Low-carbohydrate approaches, particularly the ketogenic diet, are widely used for weight loss or treatment of specific health conditions. These diets limit carbohydrate consumption to switch the body to fat for energy. This process, called ketosis, yields ketones, including acetone. The low-carbohydrate diet and ketosis have an impact on your DUI case by:
Elevated BAC Readings
One unexpected consequence of ketosis is its effect on breathalyzer results. When the body is in ketosis, it produces higher levels of acetone. Acetone is a type of ketone that can be exhaled through the breath. Some breathalyzers, particularly older or less accurate models, may misread acetone as ethanol.
As a result, someone following a strict low-carb diet might blow a positive result on a breathalyzer test even if they have not consumed any alcohol. The reading may indicate an elevated blood alcohol concentration (BAC) that exceeds the legal limit. False readings can cause wrongful DUI charges. A conviction for a DUI attracts severe legal and collateral consequences.
The problem is with how breathalyzers measure alcohol. The chemical sensors used in these devices often do not differentiate between acetone and ethanol. Though newer models are more precise, not all police departments use such technology. As a result, you are susceptible to a false positive breathalyzer result while you are under the influence of either substance during a DUI checkpoint or traffic stop.
Symptoms Mimicking Intoxication
In addition to affecting breathalyzer results, ketosis can cause physical symptoms that resemble alcohol intoxication. These symptoms are side effects of the body adapting to burning fat instead of carbs for fuel. Common symptoms include:
- Slurred speech. The brain may react to changes in energy supply, especially during the initial stages of ketosis. For this reason, you can have slurred speech even when you have not consumed alcohol.
- Impaired coordination. Low blood sugar levels and dehydration, which are common in ketosis, can affect motor skills.
- The body may feel fatigued as it adjusts to using ketones for energy. Drowsiness is also a common symptom of intoxication.
- Digestive changes and electrolyte imbalances in early ketosis may cause stomach discomfort. At a DUI stop, nausea or vomiting from ketosis may be confused with excessive alcohol intake.
These are the same indicators that might lead police to believe an individual is in an intoxicated or high state. A high reading on a breathalyzer can also corroborate that suspicion. Misdirection in symptoms, along with false positives in a breath test, would be very troublesome in a DUI charge. An individual on a keto diet might be treated as an intoxicated driver. The situation illustrates the need for good testing and knowledge that diet can impact breath results.
Legal Implications in California
In California, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. Your BAC is strong evidence of driving under the influence. However, this can be complicated if you are in a state of ketosis. Ketosis occurs when the body burns fat instead of carbohydrates for energy. The process can produce compounds like isopropanol, which may affect breathalyzer results.
False-Positive Readings
A significant concern with ketosis is the possibility of false-positive readings on a breathalyzer test. Ketosis can lead the body to produce isopropanol, which is a type of alcohol that is not the same as the ethanol found in alcoholic drinks. Some breathalyzer devices are not advanced enough to tell the difference. As a result, these devices might incorrectly register isopropanol as ethanol. This can show a high BAC even if you did not consume alcohol before driving.
Erroneous DUI Charges
An inaccurate breath test result showing a BAC of more than 0.08% may result in DUI charges. According to California Vehicle Code section 23152, you may face charges for driving under the influence simply for having a blood alcohol content above the legal limit. Even if the high reading is due to ketosis rather than alcohol, the prosecution may still charge. It allows for the possibility of punishing an individual who never consumed alcohol.
Challenges in Legal Defense
Fighting a DUI charge based on ketosis is complex. It requires showing that the breathalyzer result was inaccurate. It is not easy to prove ketosis without strong evidence. The defense must usually include expert testimony and scientific data. It must show that your BAC appeared high due to ketosis, not due to alcohol use. Without this proof, courts often rely on the breathalyzer reading.
Defending Against DUI Charges Induced by Ketosis
If you believe your breathalyzer results were affected by ketosis, there are steps you can take in your defense. These strategies focus on proving that the reading was misleading and not caused by alcohol. They include:
Requesting a Blood Test
One of the best actions to defend against a false breathalyzer test is to request a blood test. Blood tests are more accurate than breath tests. They can separate ethanol from other alcohols like isopropanol. The distinction is key in proving that the high reading was not caused by drinking. Unlike breath tests, blood tests provide a more precise view of what substances are in the body.
Presenting Medical Evidence
Another helpful defense is to provide medical documentation to show that you are on a low-carbohydrate diet or have a medical condition that causes ketosis. It supports the claim that your body may have been producing isopropanol naturally. Statements from doctors or nutritionists can strengthen your case.
Presenting Expert Testimony
Hiring a forensic toxicologist can also help your DUI case that is based on a false breathalyzer test. These professionals recognize how the body metabolizes various forms of alcohol. They can account for the formation of isopropanol via ketosis. They can also explain why some breathalyzers may confuse it with ethanol. An expert also provides articulate scientific arguments that might affect the court.
Challenging Breathalyzer Calibration
In addition, it is required by law that breathalyzer machines be kept in proper working condition and routinely calibrated. You can challenge the condition of the breathalyzer in your DUI defense. Older devices or devices not properly maintained are more likely to misread alcohol types. One can argue that it was not well calibrated or updated.
Preventive Measures and Recommendations
For individuals on low-carb or ketogenic diets, the risk of being misidentified as intoxicated during a DUI stop is real. Since ketosis can interfere with breathalyzer results, you can take practical steps to protect yourself. Being proactive can help reduce misunderstandings and prevent unnecessary legal trouble. Standard preventive measures you could take include:
Informing Law Enforcement
If an officer pulls you over and asks about alcohol consumption, you can mention that you are on a ketogenic diet. Letting the officer know that your body is in ketosis can explain why acetone is on your breath. When you blow into a breathalyzer, the acetone can cause a false high blood alcohol content.
Some officers might notice a fruity odor on your breath or see signs like dry mouth, light-headedness, or even shakiness. These symptoms mimic mild intoxication. Therefore, you can face false DUI allegations from this process.
The early explanation will not constantly change what happens. However, it can add key context to the situation. It may also raise your chances of using a high-carb diet to a keto diet as a defense against your charges.
Regular Monitoring
Knowing your ketone levels is a good preventive habit. People on low-carb diets can track ketones at home with simple tools. Breath testers, urine strips, or blood ketone meters are familiar and not too expensive.
Checking your levels, especially before driving, helps you see how deep into ketosis you are. If you are often in strong ketosis, your breath may have more acetone. It can trigger some breath tests. Keeping a record of your ketone levels may help if you later need to explain the cause of high BAC levels from your breath.
Legal Consultation
If you are worried about a false DUI charge because of your diet, you should speak with a seasoned DUI defense attorney. A skilled lawyer can explain your rights and guide you during traffic stops. They may suggest keeping records like food logs, diet plans, or a note from your doctor to help your case.
If charged, the lawyer can use expert opinions on ketosis and how it may affect breath test results. They can also ask for more accurate blood tests. Seeking legal advice early can make a big difference if you are stopped or accused.
Find a Reliable DUI Defense Lawyer Near Me
California DUI laws are designed to promote road safety. They prohibit driving under the influence of alcohol and set a 0.08% BAC limit for drivers. However, these laws must account for physiological conditions and lifestyle choices that can mimic the effects of alcohol consumption. Ketosis is a common condition that can lead to false-positive breathalyzer readings.
Low-carbohydrate diets induce the metabolic state. Understanding the relationship between ketosis and DUI testing is crucial for legal professionals and defendants. It ensures that justice is served accurately and fairly. The stakes are high if you find yourself facing DUI charges in California.
If you believe that ketosis may have influenced your breathalyzer results, you should consult with an experienced DUI defense attorney. At Jonathan Franklin DUI Attorney, we will help you navigate the complexities of your case and work towards a favorable outcome. Contact us at 323-464-6700 from Los Angeles, CA, to discuss your case.
