Driving under the influence in Florida, or any state for that matter, is a serious offense. The implications of having a DUI as part of an individual’s criminal record can range from social stigma to trouble obtaining gainful employment.
But what if an alleged DUI was really the result of a medical condition or diet? Renowned Miami based attorney, Chad Piotrowski, wants prospective clients to know that certain medical conditions, extreme diets, and other situations can result in the body producing substances chemically similar to alcohol and may represent a legitimate DUI defense strategy.
Breath Test Devices: not always reliable
In the state of Florida, field-based breath tests are the most commonly employed method utilized by law enforcement in order to determine the blood alcohol content of an individual suspected of driving under the influence (DUI).
However, devices such as the Intoxilyzer 8000, have been known to pose problems with regards to accuracy and function, due in part to improper maintenance or human error.
Byproducts of Ketosis Could Trigger a False Positive
Piotrowski Law contends that breath testing devices designed to measure blood alcohol concentration (BAC) are not always able to reliably make a distinction between actual alcohol and ketones produced by the body.
Certain medical conditions, such as diabetes, and diets, can cause the body to make substances called ketones. These ketones are chemically similar to alcohol, and as such, may cause breath testing devices to report a false positive for blood alcohol levels.
Conditions that can Cause the Body to Create Ketones:
Other Issues that Could Cause Excessive Ketones:
How Ketones May “Trick” Breath Testing Devices
When the body produces excess ketones (no matter the underlying reason), those ketones are excreted in both breath and urine. Some breath testing devices are unable or have trouble distinguishing between the two in breath samples. As a result, individuals with high ketones in their system may inaccurately test positive for excess BAC even though they have not been drinking.
The situation may be further complicated by the fact that low blood sugar (hypoglycemia) and excess ketones (ketoacidosis) are often associated with physical symptoms that can mimic those of being intoxicated.
Symptoms of Hypoglycemia and Ketoacidosis may Include:
About Piotrowski Law
Conveniently located right in downtown Miami, Florida, Piotrowski Law is led by renowned criminal defense attorney Chad Piotrowski. A former Assistant State Attorney for Miami-Dade County, Piotrowski has leveraged his insider expertise and knowledge of local processes, along with his connections to establish and grow a respected law firm with a track record of vigorous client representation, advocacy and results.
Individuals interested in learning more about DUI and DUI defense or other criminal defense matters are encouraged to reach out via their website or by way of the media contact information below.
Media ContactCompany Name: Piotrowski LawContact Person: Chad PiotrowskiEmail: Send EmailPhone: (305) 547-8684Address:169 East Flagler Street, Suite 1600 City: MiamiState: FloridaCountry: United StatesWebsite: www.cplaw-miami.com/
