Negotiating Plea Deals

Facing A False DUI? Three Medical Conditions That May Explain Your Situation

by Flenn Lane

If you were charged with a DUI, but know for certain that you were not drinking that day or that you didn't drink nearly enough to be legally drunk, a medical condition may be behind your false positive on the breathalyzer test. You should explore with your doctor and see if you have any of the medical conditions listed below that could explain why you had a false positive on a breathalyzer test.

#1 Chewing Tobacco

Many individuals are surprised to learn that using chewing tobacco can actually cause you to fail a breathalyzer test. The reason is that many chewing tobaccos contain ethyl alcohol in its raw form. There is not enough ethyl alcohol in chewing tobacco to get you drunk, which is why many people don't even realize that it is a key ingredient in their chewing tobacco. However, the ethyl alcohol that is in your chewing tobacco can build up in your mouth, causing you to breathe out alcohol when given a breathalyzer test, even though a blood test would show that you don't actually have alcohol in your system.

If you regularly chew chewing tobacco and can have your doctor certify it, you may be able to effectively fight against your DUI charge if you were not given a blood test or if your blood test was negative.

#2 Ketosis

Ketosis is informally referred to as mouth alcohol. It is created when your body takes fat and turns it into energy. During this process, an element called ketones are created in your body. Your body then naturally turns these ketones into isopropyl alcohol, which generally builds up in your mouth. Like with chewing tobacco, ketosis can cause you to fail a breathalyzer test, but pass a blood test.

This condition is often seen in individuals who follow a Paleo lifestyle, Atkins diet, or have diabetes. Each of these lifestyles, diets, and conditions can contribute to this condition due to the high-protein and low-carbohydrate diets that accompany them.

#3 Digestive Issues

Finally, there are a handful of common digestive issues that many individuals struggle with that can cause someone to fail a breathalyzer test. These common conditions include heartburn, acid reflux, and gastroesophageal reflux disease. These are conditions that many people suffer from and deal with on a daily basis. If you have a formal diagnosis of any of these conditions, you are going to want to get this documentation from your doctor to fight against this disease.

If you have suffered from heartburn and acid reflux disease, but never got a formal diagnosis from your doctor, you are going to want to get a diagnosis from your doctor so you can use it in court.

Just because you failed a breathalyzer test doesn't mean that you were drunk. Be sure to explore medically related defenses with an attorney like and follow up with your doctor for documentation of your condition.