People tend to assume that anyone who fails a breath test must be under the influence. However, the reality is that a variety of factors can influence the accuracy of chemical breath testing.
Some people accused of drunk driving due to a failed breath test may have used mouthwash or an asthma inhaler immediately before the test. Others could potentially have a medical explanation for why they failed the breath test.
A specialized diet is one of the medical explanations for why a sober person with no alcohol in their bloodstream could fail a breath test.
The keto diet affects body chemistry
Many people eager to reduce their body fat try the strict keto diet. The name comes from the effect the diet has on the body. Specifically, it puts the body into a state of ketoacidosis. People with diabetes experience something similar if they are not consistent about managing their blood sugar.
The body begins burning fat, and it must excrete the byproducts of metabolizing body fat. Acetone is one of those byproducts. The body gets rid of it through exhaled breath. The acetone produced by the keto diet could result in a false positive on a breath test.
There are other possible explanations for why a sober person might fail a chemical breath test, some of which relate to the person’s body. Other explanations might have to do with the maintenance and calibration of the device.
Reviewing test results can help people explore their criminal defense options. Those accused of drunk driving because they unexpectedly failed a breath test can potentially fight their charges with the right information and assistance.
