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How ketosis can complicate a DUI charge

| May 10, 2019 | Criminal Defense |

If a person in Alabama is in ketosis, it could fool a Breathalyzer machine into thinking that the person is legally intoxicated. This is because acetone is created while the body is in ketosis, which may then be expelled from the body in the form of isopropyl alcohol. However, it is important to know that a breath test is not the only way that authorities determine if a person is too impaired to drive.

For instance, an officer may determine that a driver is impaired because he or she smells the odor of alcohol on a person or the person’s breath. If there is other evidence that a person is likely intoxicated, it may not matter if his or her body is in ketosis. It is also worth noting that acetone alone usually won’t cause a person to register a blood alcohol content of .08% or higher.

However, inflated blood alcohol levels could be a problem for those who have an ignition interlock device on their vehicles. If their blood alcohol level is .02% or higher, their vehicles won’t start. Furthermore, they may be required to use those devices for a longer period of time if they attempt to start a car while perceived to be under the influence of alcohol.

If a driver is charged with a DUI, it may be a good idea to hire an attorney to help with the case. An attorney may be able to challenge evidence such as the results of a blood or breath test. For instance, legal counsel may contend that the results of the test were skewed by a medical condition or natural processes within the body. This might result in a charge being dropped or reduced without the need to go to trial.