Weight Loss Diets Can Get You Arrested for DUI

American Chronicle

Monday, August 25, 2008

Daniel Jaffe

Weight loss diets can do a lot of good. Losing weight is generally known to improve health, vitality and mental function. However, there is one thing that certain weight loss programs can do that is unknown to the general population.

The recent trend of high protein, low carb diets may cause a drunk driving arrest and potential conviction. Here's how.

Breath test machines such as the Intoxilyzer and the DataMaster measure a group of molecular compounds on a breath sample. They don't always register just alcohol. The problem is that certain compounds on the breath can fool these machines into thinking that there is alcohol (or a higher concentration of alcohol) on a person's breath.

The main culprit is acetone, which has been shown to be present in those following the Adkins diet, and other radical diets, as well as those who are fasting. If an officer has determined to arrest a subject, then the police officer presumably already believes that the subject is under the influence of something. So simply explaining to the officer that you are dieting will probably not suffice to get you out of the situation.

What should you do then if you find yourself in this unfortunate situation? If the police take a blood sample, it will ultimately vindicate you. But if they don't, it is essential that you get to a hospital immediately and demand that they draw your blood so that you can prove your innocence.

While the burden of proof in DUI cases is on the prosecution, most judges and juries will not believe the acetone defense, so it is up to you and your DUI defense lawyer to prove your innocence.

It is also helpful to be familiar with blood alcohol charts, so you know what your alcohol level if you happen to have had a drink or drinks.