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Possible Problems with North Carolina DWI Breath Test – Part 2

  • By James Cummings
  • May 09, 2014
How else might a North Carolina breathalyzer test yield a “false positive” for DWI?

Interestingly, people who reduce the amount of carbohydrate in their diets can have major changes in their metabolism, wherein they start to burn compounds known as ketone bodies instead of glucose for metabolic fuel.

This subtle shift matters, because the ketones exuded on the breath can be registered by certain breathalyzers as alcohol. This can be a problem, if you are on some kind of carbohydrate restricted diet, including the Atkins diet, the South Beach diet, certain paleo diets, or even standard Weight Watchers-type calorie counting diets (when you control calories, you inevitably also control carbohydrate, which means that you could wind up in a state of ketosis even on a "high carb" diet.)

If you were on some restricted diet (particularly a restricted carbohydrate diet) when you got arrested for North Carolina DWI, and your breathalyzer result was just slightly over the legal limit, you could potentially argue that your diet – and the ketones produced on your breath – caused inflated test results.

Of course, this is not the only reason why a breath test can register as a “false positive.” The legal team here at The Cummings & Kennedy Law Firm can help you develop an aggressive thorough defense to your North Carolina DWI charges. Call us today for a free consultation.