An odd circumstance regarding the defendant's diet got DUI charges dropped in a recent case. Readers in New Jersey might be interested in the case's demonstration of challenges to prosecution evidence in a drunk driving case. In the case, the defendant was pulled over and given a field sobriety test, during which he seemed largely fine. When the driver blew into a breath testing device, he tested above the legal limit for alcohol.
His attorney learned that the driver had been on the keto diet, and also learned that some breath testing machines cannot tell the difference between isopropyl alcohol and ethanol alcohol. These facts were relevant because when people are on the keto diet, their livers break down fat to use as fuel, which has acetone as a byproduct. When people who are on the keto diet breathe into some breath tests, the devices pick up on the acetone that is released in the person's breath as isopropyl alcohol.
