What Can Raise Your Blood Alcohol Level Besides Alcohol?

 Posted on July 23, 2024 in DUI

The first device meant to provide a visual indication of intoxication levels was introduced in 1954 and was called the "Drunkometer." Since then, breathalyzer technology has made significant advancements, making the devices quicker, more user-friendly, and generally more accurate. Even so, these devices still have a margin of error that, in some cases, can result in a person who is not impaired being convicted of DUI.

An individual’s lung capacity, body temperature, and rate of alcohol metabolism can impact the concentration of alcohol in the breath. Add to that the timing of the test, as testing too early can result in inaccurately high readings due to residual mouth alcohol. Other variables include medical conditions and substances other than alcohol in the breath that may be falsely detected as alcohol by breathalyzer machines.  

Perhaps you are facing DUI charges in Naperville, but you do not believe the results of your breathalyzer test are accurate. Maybe you only had a single beer with your friends, yet you tested at the Illinois legal BAC limit of 0.08 percent. This is far more common than you might think. You need an experienced DUI attorney from Appelman Law LLC who can challenge the results of your breathalyzer test, potentially even getting your DUI charges dropped.

Are Blood Tests Used to Determine BAC in Illinois?

Although a blood test is the most accurate method to determine BAC level, the U.S. Supreme Court ruled that this test cannot be administered without a search warrant. Following that decision, an Illinois police officer generally needs a warrant to perform a DUI blood test. There is an exception under the IL Vehicle Code, namely when the officer has cause to believe the suspect caused injury or death to another person while driving under the influence. Since this scenario is rare, most DUI convictions are based on the results of a breathalyzer test.

What Substances or Illnesses Can Raise Your BAC Reading?

There are many different items and conditions that can potentially skew the results of your BAC test, including:

• Those with severe acid reflux often have a defective valve that allows alcohol gasses and liquids to enter the mouth from the stomach, causing a falsely high BAC reading.
• Diet drinks are a surprising substance that can cause a high blood alcohol concentration (BAC) reading. When diet drinks are used as a mixer, BAC can spike higher than when a regular soda is used. A study conducted at Northern Kentucky University showed that the sugar substitutes used in diet drinks alter the way alcohol is absorbed by the body.
• The popular Keto diet can elevate BAC levels, even for a person who has had no alcohol to drink. Ketones have a similar chemical structure to isopropyl alcohol, and when the body converts fat into energy, it produces ketones. Those on low-carb, high-protein diets or those who are fasting can produce enough ketones to result in a false positive BAC.
• Some foods can also cause a high BAC reading, most notably sugary foods that can ferment and turn the sugar into alcohol. The yeast used in bread and cakes also contains a residual amount of alcohol, so a sugary bread or cake can significantly elevate a BAC reading.
• Certain medications—especially asthma medications delivered through an inhaler—can cause an unnaturally high BAC. One of these medications, Albuterol, can result in a high BAC even in a person who has had no alcoholic drinks.
• Mouthwash and breath sprays can cause high BAC readings.
• Those who routinely use paints, stains, lacquer, paint remover, and cleaning supplies can test high on a breathalyzer test when they otherwise would not have tested over the legal limit.

 Contact a DuPage County, IL DUI Attorney

If you are facing DUI charges, the sooner you speak to a knowledgeable Naperville, IL DUI attorney from Appelman Law LLC, the better chance you have of the most positive outcome possible, given your individual circumstances. DUI charges are serious, with potentially severe consequences, so you should ensure your case is handled by a strong, knowledgeable legal advocate. Contact Appelman Law LLC at 630-717-7801 to schedule your free consultation and have your questions answered.