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Ayson Law Firm Aggressive Criminal Defense Representation in Houston
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Low Carb Diets and Breathalyzer Tests


Have you heard that the keto diet and other low carbohydrate eating plans can result in inaccurate breathalyzer test results? This can happen because when a person is in ketosis, the process the keto diet is named after, acetone is created in the body. This happens when an individual’s liver breaks down fat.

It is important to note that there are breathalyzer tests that are advanced enough to distinguish between a person who is impaired because of alcohol and an individual whose body is in ketosis. After a Texas arrest for driving under the influence, discuss your personal situation, including any eating plans you were on at the time, with a Houston DWI lawyer.

Breathalyzers Distinguishing Between Ketosis and Alcohol

A popular eating plan, the keto diet is essentially a high fat and low carbohydrate way of eating. It encourages the body to burn fat for energy because there are no carbohydrates for the body to burn when they are no longer part of what a person eats. Many have found the keto diet results in fast weight loss. But, of course, a state of ketosis also creates other effects, including increased acetone levels.

Increased levels of acetone are broken down by the body creating a form of alcohol. For this reason, a keto diet could show up in a breath test. Unsophisticated tests are unable to distinguish between alcohol that is consumed by an individual and the isopropanol alcohol created by a person’s body.

The possibility of false positives connected to ketosis is not new information, but there are variations depending on the type of breath test used. For example, using the fact that a false positive as a defense is only helpful when an unsophisticated test is administered. Many law enforcement officers have access to tests that are more advanced, ones that are able to recognize differences between ethanol and isopropanol alcohols.

If you were charged with driving while intoxicated, your lawyer can investigate what type of test was used and strategize an appropriate defense.

Ignition Interlock Devices and Keto Diets

There is also the possibility of a person with an ignition interlock device on their car following an arrest to have issues if they are on a keto or low carb diet. These devices are designed to find no alcohol at all in an individual’s breath. If the device cannot distinguish between alcohols, there may be issues.

When a person is arrested, there are options available. Once they assess the details of your situation, an experienced Houston DWI lawyer will be able to determine the best path forward for you.

Were you on a low carb diet when a breathalyzer test came up positive? It’s important you understand your rights. Our experienced legal team can defend you against criminal charges. We have the knowledge to protect you whether the alleged crime was minor or serious. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.

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