Your diet may lead to a false positive on the breathalyzer

The new year meant a new you, and you set out on a cleaner way of living. Exercise and diet are now a focal point in caring for yourself. 

While a ketogenic diet is popular, it may have an unintended side effect. If a police officer gives you a breathalyzer, you may test positive without consuming a drop. We want to help you understand how this type of diet may land you in legal hot water. Take a look at why what you eat and how your body responds may affect your BAC. 

Your body on keto

A keto diet revolves around the concept that a low-carb high-fat diet will force your body to burn fat as fuel instead of sugar. The body produces ketones from existing body fat or that found in the food you consume. The downside is that one of the chemicals the body gives off during this process is acetone. If this sounds familiar, it should. Acetone is one of the components of alcohol. Thus, if your body is in a state of ketosis for any length of time, your breath may give off acetone causing a BAC of .08 to register on a breathalyzer. 

Your brain on keto

If you are in a state of ketosis and blow a false positive, other signs may tell an officer that you are not drunk. Your brain should not exhibit any signs of intoxication, which include: 

  • Slurred speech 
  • Difficulty following directions 
  • Decreased motor function 

You should pass a field sobriety test in ketosis. While the breathalyzer may still allow an officer to arrest you, the results of the remaining interaction and a blood test may help exonerate you. 

Understanding how your body may affect BAC is critical in mounting a good defense. For more insight, follow this link to our page.

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