Vista DUI Lawyer and Criminal Attorney Peter M. Liss

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How Low Carb Diets Affect Breathalyzers Might Surprise You

August 22, 2013 Written by Jill Harness and Edited by Peter Liss

keto diets and the breathalyzer
Breathalyzers are known for having a number of flaws and giving higher results to many people, particularly people with specific medical conditions. Low carb diets and breathalyzers are yet another bad mix. That’s because drivers on a low-carb diet end up having an elevated BAC when they are tested on breathalyzer machines. As Atkins, Keto, paleo and gluten free diets are increasing in popularity all the time, this means more and more people are going to get falsely high breathalyzer results. If you are on a low-carb diet, a DUI lawyer may be able to fight your breathalyzer results with this information.

The Science of Low Carb Diets and Breathalyzers

The problem with low carb diets such as those used by people eating Keto, Atkins, gluten free and paleo, is that while on this program, the body starts turning fat reserves into energy. As this occurs, the body generates things called ketones (where the keto diet gets its name), which, in turn, create isopropyl alcohol. While this compound won’t get you drunk (otherwise you’d have a lot of buzzed dieters everywhere), it is possible to be misinterpreted as ethanol alcohol on a breathalyzer test. That’s why it is so important to have a knowledgeable attorney help to defend you when you have failed a breathalyzer test. No one wants a dieter or someone with Celiac disease to be found guilty of drunk driving just because they cut carbohydrates from their diet.

Another Problem with Diets and Breathalyzers

Additionally, your body might also produce higher than normal levels of acetone while dieting. This is another substance that breathalyzers can possibly identify as alcohol. With your body potentially releasing two chemicals that can potentially be mistaken for alcohol by a breathalyzer, you might be better off taking a blood test to get a more accurate reading if you are on a low-carb, keto, paleo or gluten-free diet. If you do take a breath test though, be sure to tell your lawyer that you are on a diet that may increase the ketone levels in your body.

If you have any questions or would like to schedule a free initial consultation with Peter M. Liss, please call (760) 643-4050.

Filed Under: CRIMINAL DEFENSE, DUI / FELONY DUI Tagged With: health, diet, low-carb, food, low carb diets and breathalyzers, keto

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I have been practicing law for over 35 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

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Peter M. Liss,
Criminal Defense Attorney
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

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About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.