In Illinois, breath alcohol tests or "breathalyzers" are commonly used to assess a driver's blood alcohol concentration (BAC). If someone's BAC is over 0.08 percent, they are intoxicated per se, or intoxicated according to the law. A BAC over the legal limit is not always required for a drunk driving conviction. However, having a BAC of 0.08 percent or more will certainly make the chances of conviction much more likely.
Many people have questions about the accuracy of breathalyzer tests. They may have heard rumors that these devices can be incorrect or even that diets like the keto diet can lead to higher-than-actual BAC results.
In this blog, we will explore whether low carbohydrate diets like the keto diet can lead to inaccurate BAC results as well as other factors that may invalidate breath test results.
The keto diet is becoming quite popular. If you are like most people, you probably know a few individuals who are doing this diet or a variation of this diet. The diet requires you to limit your consumption of carbohydrates. When the body does not receive carbohydrates, the body uses fat as fuel. As fats are digested, acetone is produced as a by-product. Acetone has a chemical composition that is similar to alcohol, so many people worry that a breathalyzer cannot tell the difference.
While it is technically possible that acetones in the breath may trigger a breathalyzer, most breath-testing devices used by police officers are sophisticated enough to accurately distinguish between acetone and alcohol from wine, beer, or liquor. A false-positive is unlikely unless the device being used is outdated or malfunctioning.
The chances of a keto diet leading to a false positive are rare. However, there are many situations in which breath alcohol test results are unreliable. Breathalyzers can give false positives due to improper calibration, malfunctioning devices, or if the officer administering the test did not follow proper protocol. The timing of a breath alcohol test is also a crucial factor to consider. If too much time elapses between the test and when the person was driving, this could invalidate the results.
If you were arrested for drunk driving, contact J. Aldrich Law, P.C. for help. Our DuPage County DUI defense lawyers are highly experienced in DUI cases and we can help determine the best defense option in your case. We may be able to prove that your breath alcohol test results or blood alcohol test results were flawed and help you avoid a DUI conviction. Call 630-953-3000 for a free initial consultation to learn more.