The Law Office of Andrew T. Christie, LLC
Phones Answered 24 Hours A Day

People in Missouri who submit a breath test that shows they have a blood alcohol content that is above the legal limit might want to ask to be taken to the police station if they know they are not drunk. Most of the portable devices carried by law enforcement use fuel cell technology, and certain conditions may cause them to report a person as erroneously having a high blood alcohol content. Devices using infrared spectroscopy, which are usually available at the police station, can give a more accurate reading. People can also request a blood test.

A Texas attorney got DUI charges against his client dropped on the grounds that the client was in ketosis. Ketosis is caused from a low-carb diet, and it causes the liver to generate acetone. This substance may be released as isopropyl alcohol as a person breathes. The attorney says the fuel cells in portable breath tests read isopropyl and ethanol alcohol in the same way. According to one study published in 2006, a man who was on a low-carb diet couldn't start his employer's car, which required a breath test to unlock the ignition. It also used fuel cells.

Other conditions that can cause a person to breathe isopropyl alcohol are GERD and diabetes. However, test manufacturers claim that their products can tell the difference between the two kinds of alcohol.

The penalties for a DUI vary depending on whether it is a first-time conviction, but they may include fines, jail time, attending a program on alcohol safety and installing an ignition interlock device on the car. There may be several avenues of defense available for individuals who are facing DUI-related charges. In addition to checking the accuracy of the breath test, an attorney might also investigate whether a person's rights were violated at any point or question the accuracy of officers' accounts.

No Comments

Leave a comment
Comment Information

Here When You Need Me

I don't stop working just because it's after 5 p.m. My clients can always reach me after hours and on weekends. I also visit clients in jail when necessary. I keep my rates affordable because I know, when facing a criminal charge, you can't afford not to have a criminal defense lawyer. Contact me, criminal defense attorney Andrew Christie, today at 816-533-3456 to schedule a free consultation.

Get Help Today

Contact Us Before It’s Too Late Fill Out The Form Below Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Visit Our Kansas
City Law Office

1201 NW Briarcliff Pkwy
Kansas City, MO 64116

Phone: 816-533-3456
Phone: 816-533-3456
Fax: 816-883-8070
Kansas City Law Office Map

  •  Criminal Defense Attorney | Top 10 | 2019
  • Expertise 2018
  • 10 Best Attorney 2017
  • Avvo
  • Avvo Rating 6.7 Top Attorney