When Can You Use Ketosis As A DUI Defense?

Some drivers have mitigating factors that they can use to defend themselves against a DUI charge. If this works, then the charges against them will be dropped.

Some defense strategies are based on medical or health conditions. For example, some people use ketosis as a way of challenging their breath test results.

When can you use this strategy?

You Have Diabetes or Eat a Low-Carb Diet

Ketosis is a physical process that happens when people lack insulin or carbohydrates in their bodies. When this happens, their livers produce ketone compounds to use fat as a replacement energy source.

However, ketones can affect breath test results. If you have ketones in your breath, then the test might register them as alcohol. Your test results will be inaccurate.

If you have an underlying health condition or factor that increases your chances of going into ketosis, then you might be able to use this as a defense. For example, if you are diabetic or follow a strict low-carb diet, then a lack of insulin or carbs can boost your ketone levels enough to make a breath test inaccurate.

You Don't Think Your Breath Test Was Accurate

You won't necessarily know when you have too many ketones in your body. However, your state of sobriety at the time of your test can be an indication that ketosis affected your test results.

For example, if you only had a couple of drinks before your test, then you wouldn't have expected the high results you got. Ketosis might have tricked the test into showing that you had a higher blood alcohol count than you actually did.

If you can prove in court that you hadn't drunk enough to match your test's blood alcohol levels, then you might win your case. The court might accept ketosis as a mitigating factor that made you fail the test. 

You Can Provide Proof of Your Condition

You can't simply claim that ketones messed up your breath test results. The court will expect you to provide some proof that it might have had an effect.

So, for example, you might need a letter from your doctor to prove that you have diabetes. You might need to find ways to show the court that you eat a low-carb diet.

This is where you need an experienced DUI attorney. They understand what proof you need to provide. They can help you get it and back it up with professional research that helps make your case.

Contact a DUI attorney for more information.