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Diabetes or Fasting: Los Angeles DUI False Positives on a Breathalyzer

By Alex Andryuschenko – Los Angeles DUI Defense Attorney

When most people think of a DUI, they assume alcohol consumption is the only cause of a failed breath test. But what if a person hasn’t had a drop to drink—and still blows a positive result? For individuals with diabetes, those who are fasting, or people on low-carb ketogenic diets, this is not only possible—it’s scientifically documented.

As a Los Angeles DUI Defense Attorney, I regularly come across cases where innocent drivers are arrested based on flawed breath test results. One of the most overlooked causes of false positive BAC readings is acetone, a compound naturally produced by the body.

What Is Acetone, and Why Is It in Your Breath?

Acetone is a volatile organic compound (VOC) that is produced by the body during ketosis, a metabolic state that occurs when the body burns fat for fuel due to low carbohydrate intake, fasting, or uncontrolled diabetes.

In conditions like:

• Type 1 diabetes
• Fasting or religious fasting (e.g., Ramadan)
• Keto diets
• Starvation
• Alcoholic ketoacidosis

the body converts fat into ketone bodies—including acetoacetate, beta-hydroxybutyrate, and acetone. Acetone is released through the lungs, leading to measurable levels in the breath.

Can Acetone Be Misread as Alcohol?

Yes. Breath testing machines, depending on their design and technology, may misidentify acetone as ethanol (drinking alcohol). Here’s how that happens:

Cheaper or older machines are especially prone to this mistake. Even police-grade breathalyzers may report falsely elevated BAC if acetone levels are high enough.

Legal Implications: Wrongful DUI Arrests

Imagine this: You’re diabetic, haven’t eaten all day, or just started a keto diet. You’re pulled over, blow into a breathalyzer—and suddenly you’re under arrest for DUI. It sounds absurd, but it’s medically and legally possible.

As a Los Angeles DUI Defense Lawyer, I carefully investigate:

• Whether my client was fasting or diabetic
• What type of breathalyzer was used
• Whether blood testing or GC/MS confirmation was done

In many cases, breath test results are the only evidence. If they are unreliable due to acetone interference, the prosecution’s case falls apart.

How to Defend Against a DUI Involving Acetone

If you were charged with DUI and believe your condition (such as diabetes or fasting) may have affected the results, your attorney can:

1. Request calibration and maintenance records of the breath machine.
2. Subpoena medical records showing a diabetic condition or dietary state.
3. Hire a forensic toxicologist to explain ketone metabolism and breath testing flaws.
4. File a motion to suppress the breath test if it’s scientifically unreliable.
5. Demand a blood test analysis by GC/MS for confirmation of actual ethanol.

DUI Defense – Case Support

Numerous scientific articles—including in Counterpoint: The Journal of Science & the Law—have documented the link between breath acetone and false DUI results. Experts note that acetone levels in diabetics can exceed 1,000 ppm in breath, a level sufficient to confuse many testing devices.

What the Science Shows: Acetone and Breathalyzer Accuracy

In a follow-up scientific study published in Counterpoint: The Journal of Science & the Law, researchers tested common DUI breathalyzer devices—including the Intoxilyzer 9000—against compounds like acetone and isopropanol. These substances are naturally present in the breath of individuals with diabetes, those in ketosis, or people who are fasting. The study found that under certain conditions, these non-ethanol compounds can trigger false or elevated breath alcohol readings, especially if the machine’s filters are outdated or improperly calibrated. This provides clear laboratory evidence that not all breath tests accurately distinguish between alcohol and other similar molecules—reinforcing the need for careful legal review and independent blood testing in any DUI case involving medical or dietary factors.

But Where Does Isopropanol Come From?

Isopropanol (isopropyl alcohol) is not a ketone body, but in rare metabolic states—especially diabetic or alcoholic ketoacidosis—some acetone may be reduced to isopropanol in the liver:

Acetone → Isopropanol (via hepatic alcohol dehydrogenase)

This reaction is not the body’s primary pathway, but it can happen, especially when:

• Acetone levels are very high
• The person is in severe ketosis
• There’s a high NADH/NAD⁺ ratio, as seen in alcoholic ketoacidosis

Why This Matters for DUI in Los Angeles

• Isopropanol is a true alcohol, unlike acetone.
• Some breathalyzers may detect isopropanol as ethanol if they aren’t designed to distinguish between different alcohol types.
• This further increases the risk of a false positive or overestimated BAC in a person who has not consumed ethanol but is in a ketotic state.

Isopropanol is the alcohol found in:

• Rubbing alcohol
• Hand sanitizer
• Disinfectants

If swallowed or absorbed in significant quantities, it acts as a central nervous system depressant, similar to ethanol but more potent.

Symptoms of isopropanol intoxication:

• Slurred speech
• Dizziness, confusion
• Nausea, vomiting
• Hypotension
• Coma or death (in high doses)

Toxic dose: As little as 0.5–1.0 mL/kg (oral ingestion) can cause severe toxicity.
It’s about twice as intoxicating as ethanol, with more GI irritation and a longer half-life.

Conclusion: Don’t Let a Medical Condition Cost You Your Freedom

If you or someone you love is facing DUI charges in Los Angeles, and you believe diabetes, fasting, or a ketogenic diet may have caused a false breath test, contact me immediately.

As a Los Angeles DUI Defense Attorney, I understand how to challenge flawed chemical testing and defend your rights. Breath tests are not always accurate, and your medical condition should not lead to a wrongful conviction.

Call today for a free consultation. Let’s fight back. Los Angeles DUI Attorney Direct Telephone Number is (323) 464-6424

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