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What does ketosis have to do with a DUI breath test?

The keto diet has become quite popularly recently. The theory is that eating a high-fat, low-carb diet will force your body into burning its own fat. This happens when your body goes into "ketosis."

You will find proponents and opponents alike regarding this eating plan if you research it. You may find it beneficial for losing weight, but what you may not know is that a potentially serious downside exists.

Your diet could get you arrested for DUI

The downside to ketosis is that it produces acetone in your body that lingers on your breath as isopropyl alcohol. Let's say you decide to have dinner with friends or family before going home for the night. If you have a drink or two during dinner and then drive home, you could find yourself in trouble. If a police officer stops you and smells your libations on your breath, he or she could request that you take a roadside breath test.

Even if you know you aren't in an intoxicated state, the breath test could say otherwise due to your diet. Manufacturers of the handheld machines used by police officers say the machines can tell the difference between alcohols, but that hasn't been the experience of people with elevated levels of acetone. You could end up under arrest for DUI.

Fortunately, roadside breath test results often do not end up used in court, so the breath test you take at the police station or jail could show that you are not in an intoxicated state, and no charges would result. However, you still have the arrest on your record, which could still have an adverse effect on your employment, especially if you drive for a living. If police file charges, you now have them to contend with, and it could result in an uphill battle on your part.

Your diet could affect an ignition interlock device

Unless you are under the age of 21 or have a CDL, you probably won't have too much of an issue with the breath test, even though it remains a danger. If you happen to have a prior DUI conviction and an ignition interlock device on your vehicle, you may have a big problem. Since most IIDs will not allow your vehicle to start with any alcohol on your breath, ketosis could create a transportation issue for you.

Obviously, your best bet is not to drink at all if you intend to drive afterward. However, if that doesn't happen, and a police officer arrests you based on a breath test, it would be in your best interests to take immediate action to rectify the situation.

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