If you have diabetes and face a drunk driving charge, you may wonder whether your medical condition affected the breath test result. Breath tests measure alcohol in your system. Certain metabolic processes can complicate how some tests read compounds in your breath.
Can Diabetes Affect a Breath Test?
Having diabetes does not automatically mean that a breath test produced a false positive. The test is designed to measure ethanol, the type of alcohol found in beer, wine and liquor. However, people in ketosis, including those with diabetic ketoacidosis, may have elevated acetone levels in their breath.
Acetone is chemically different from ethanol. Whether acetone can interfere with a breath test depends on the technology used to measure and distinguish different compounds. The extent of any interference can vary by instrument and testing method.
When Does Acetone Become Relevant to Testing?
Acetone can appear in the breath when the body burns fat instead of glucose. This can occur during prolonged fasting, low-carbohydrate diets or ketosis associated with diabetes. Diabetic ketoacidosis is a serious condition in which ketone levels can rise to dangerous levels.
Not every person with diabetes has elevated acetone at the time of a traffic stop. Medical records showing ketosis or related symptoms around the time of testing may help determine whether the condition was relevant to the result.
Can a Breath Test Result Be Challenged?
You can examine the result along with the device used, testing procedures and calibration records. New York law governs chemical testing in DWI cases. State regulations set further requirements for approved instruments, testing procedures and equipment maintenance.
A diabetes diagnosis does not automatically invalidate a breath test result. If medical records show ketoacidosis or ketosis near the time of arrest, that evidence may provide grounds to examine the reliability of the result.
What Medical Records May Matter?
Preserving medical records and identifying when symptoms occurred relative to the stop can help evaluate breath-test evidence. A New York DWI defense attorney can review the results and your medical history to assess how your health may affect the evidence against you.