Can Dieting Lead to DUI Arrests?

By:

In the United States, where obesity is a nationwide epidemic, the weight loss industry is booming. There is no shortage of new diets and diet programs being marketed. Anyone who wants to lose weight and avoid the many serious potential health problems caused by obesity has plenty of choices.

A new report by lawyer Daniel Jaffe in the American Chronicle points out a dieting pitfall that has nothing to do with losing weight. According to Jaffe, some diets can cause legal problems.

A recent trend in dieting involves low carb intake, while including plenty of protein in food choices. Jaffe says that this type of diet plan can lead to DUI arrests and even convictions.

When a DUI suspect takes a breath test, the machine measures a group of molecular compounds in the breath sample. The problem is that the breath test machines do not always register just alcohol content.

For people who are on high protein and low carb diets, certain compounds in the breath samples can be mistaken by the breath test as alcohol. This can result in a false breath test reading for people who have not been drinking before driving, or a higher blood alcohol content reading for people who have consumed some alcohol prior to testing.

Because breath test results are often the centerpiece of DUI prosecutions, these false readings can cause innocent people to be convicted of DUI charges.

In people who are fasting, or following the Atkins diet or other severely restrictive diets, acetone can be present in the breath sample taken during a breath test. Acetone can be recorded by the breath test as alcohol content and give a false or inflated blood alcohol content reading.

When a person is suspected of DUI, the arresting officer generally has reason to believe that they are driving under the influence of drugs or alcohol. Simply telling an officer that a diet is to blame would not be a viable excuse for erratic driving or other conduct leading to a DUI arrest.

For people who believe their diet has caused a false blood alcohol content reading on a breath test, it may be helpful to request that a blood sample be taken.

In a blood test, acetone does not register as alcohol content and a true blood alcohol reading can be established. Therefore, in order to prove innocence in a DUI case, it may be essential that a blood sample be taken from a dieting DUI suspect as soon as possible.

At DUI trials, most prosecutors rely heavily on breath test evidence as the proven method to establish guilt and get DUI convictions. Since most people are unaware that dieting can lead to a false breath test reading, blood test results may be essential to establish innocence in some cases.


» Back to DUI Articles

PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total DUI is not a law firm.  Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total DUI does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any information you submit to Total DUI does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 400, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here or call 866-200-8052.

FLORIDA ONLY: Total DUI is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total DUI is a group advertisement and not a lawyer referral service.

If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.