Low-carb diets, such as the Atkins or Ketogenic diets, have been popular for decades. Nonetheless, this diet can be problematic for Ohio drivers. It has the ability to trigger a breath test issued by a Ohio driver who was pulled over or arrested on suspicion of DUI to falsely indicate the existence of alcohol – even if the driver had not ingested any alcohol that day.
Here’s how to do it: A low-carb diet deprives the body of glucose, which is an essential source of fuel. In the absence of this fuel supply, the body turns to fat for fuel. Ketones are created during the process of converting fat to fuel. The body is in ketosis as it creates ketones and uses them for food. The body is in a state of ketosis as it creates ketones and uses them for fuel. Ketones can be found in a person’s breath while their body is in a state of ketosis. (This explains why some people experience bad breath while on a low-carb diet.) These ketones have a chemical structure that is identical to that of isopropyl alcohol. Many breathalyzer monitoring instruments cannot tell the difference between isopropyl alcohol and ethyl alcohol molecules. As a consequence, a breath testing machine used in a OVI investigation can detect alcohol when the defendant is on a low-carb diet.
It is unlikely that the amount of ketones in anyone’s breath will result in a breath test result showing a blood alcohol content at or above the.08 percent legal limit without the individual having ingested any alcohol. If a person is in ketosis, a person who would otherwise be below the.08 percent legal limit may end up with a breath test result that is at or above the legal limit. For example, someone in ketosis with a true blood alcohol concentration of.06 percent may register at 0.08 percent or higher.
Ohio Vehicle Code 23612(a)(2)(A) gives drivers arrested on suspicion of DUI the option of taking a breath test or a blood test. Unless the officer is unable to perform the chosen test, the officer must perform the test chosen by the driver. Drivers on a low-carb diet may want to avoid taking the breath test in order to avoid receiving a false positive result.
Any driver arrested for DUI can contact an attorney right away. It is important that you contact your Columbus OVI attorney if you are on a low-carb diet.