Breathalyzer tests have inherent flaws. The tests can only measure the amount of alcohol in the breath, and they can't tell if the alcohol is from a drink or if it was created by the person's own body. When a physiological condition produces alcohol internally, a driver's breath test results may be artificially inflated, leading to a potentially unjust arrest.
If your breath test is ever higher than it should have been, a medical condition may be to blame. If you suffer from any of the following conditions, be aware that your breathalyzer results may be skewed higher than normal.
Diabetes Types 1 and 2 affect over 29 million Americans. The Centers for Disease Control and Prevention estimate that as many as 8 million people have undiagnosed diabetes, meaning that it may take a health crisis or medical emergency before they even know that they have the disease.
A person with diabetes cannot regulate their insulin levels, meaning that they have to control their blood sugar with diet and insulin injections. When a person's blood sugar is too high (hyperglycemia) or too low (hypoglycemia), the health consequences can mimic the symptoms of a person who has been drinking.
In hyperglycemia, blood sugar rises slowly. During a hyperglycemic episode, a person will feel thirsty, nauseous, and feel weak or lethargic. If left untreated, the body can enter a state of ketoacidosis, where the liver begins to break down proteins and fats. This creates ketones, which enter the blood stream and are expelled in the breath in the form of isopropyl alcohol.
Unfortunately for diabetics, breathalyzer machines have difficulty telling the difference between isopropyl alcohol, and ethyl alcohol which is the form of alcohol found in drinks. A person experiencing ketoacidosis who takes a breathalyzer may end up blowing an artificially high result.
Another problem diabetics experience which may lead to a DUI arrest comes from hypoglycemia. While low blood sugar will not register on a breathalyzer, the symptoms of a hypoglycemic episode act like those of drunkenness. Symptoms like slurred speech, dizziness, disorientation, or a loss of consciousness could lead an officer to believe that a person is under the influence, rather than experiencing a medical emergency.
GERD and Acid Reflux
Gastroesophogeal Reflux Disease, or GERD, is a condition where the stomach contents and stomach acid leak up into the esophagus, causing heartburn and acid reflux. During episodes of acid reflux, the stomach contents can move all the way up the esophagus into the mouth.
If there is alcohol in the stomach during a breathalyzer test, a person who is experiencing gastric reflux may exhale some of the alcohol that has moved up into the mouth, causing a higher than normal reading on the breathalyzer. For example, a person who may have had a single drink would then exhale both the alcohol being expelled through the lungs, as well as the residual alcohol from their mouth. This combination would increase the breathalyzer's reading, possibly pushing the person's breathalyzer reading over a .08.
Low Carb Diets
While not a medical condition, a person consuming a low carb diet can also undergo ketoacidosis. When the body cannot use carbohydrates for fuel (because the person isn't eating any carbohydrates), then the body burns fats and proteins. When the liver converts these fats and proteins, it also releases ketones, just like the body of a diabetic who is hyperglycemic. These ketones are then converted into isopropyl alcohol, which can trigger a false positive on a breathalyzer test.
None of these physiological conditions are rare, and all of them can cause a higher than expected reading on a breathalyzer. While an episode of acid reflux or the Atkins diet will not cause a person's breath test reading to rise by an extraordinary amount, the combination of any of these and a drink or two may push the results over the legal limit.
Defenses like these can be complicated to prove in court, but you shouldn't be held responsible for driving under the influence if you weren't. Get the representation you need on your side to fight back against criminal charges by calling the Law Offices of Virginia L. Landry. Our attorneys represent people accused of driving under the influence every day, and will work to help you clear your name.
For more information about DUIs or the DUI process, visit us online. To set up a free initial consultation with one of our attorneys, call 866.902.6880 today.