Law Office of Lori Crystal, LLC
Call Us For A Consultation
Phone720-773-6729

Can following the keto diet lead to a DUI?

The keto diet is all the rage lately among many in Colorado wishing to lose weight and improve their health. In general, those following the keto diet will eat low-carb, high-fat foods to put their body into ketosis, which according to some, makes their body burn fat for energy, resulting in weight loss and better health. One interesting aspect of being in ketosis is that your liver creates acetone as part of the process, which is released in your breath as isopropyl alcohol. And, this has very interesting implications, particularly when it comes to DUIs.

This is because many breath test instruments cannot distinguish between the ethanol alcohol that is in a person's breath if the person has had too much to drink and the non-impairing isopropyl alcohol created due to ketosis. This means that a breath test instrument could register a blood-alcohol concentration level above the legal limit of a person in ketosis, even if the person hadn't touched a drop of alcohol.

However, this doesn't mean that a DUI is necessarily inevitable. In general, when a person is arrested for drunk driving, they will perform a second breath test on an instrument that utilizes infrared spectroscopy, which can differentiate between isopropyl alcohol and ethanol alcohol. Blood tests can also make such distinctions. These tests can provide proof that the motorist was in ketosis, rather than under the influence, and, thus, should not receive a DUI.

So, those wishing to follow the keto diet will want to be aware of the effects it has on their body and be prepared with the information they need should they be accused of drunk driving. Breath test instruments are not infallible, and it is possible that a false positive could be registered on the instrument. When this happens, motorists will want to know what their rights are with regards to a second BAC test, as well as when test results can be used against them in a subsequent trial.

No Comments

Leave a comment
Comment Information

Knowledgeable Advice Available Today

Contact us for a confidential consultation. Call 720-773-6729 or fill out the form below to send us an email:

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Law Office of Lori Crystal, LLC

900 W. Castleton Rd
Suite 150
Castle Rock, CO 80109

Phone: 720-773-6729
Castle Rock Law Office Map

Law Office of Lori Crystal LLC