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Did a Medical Condition Skew Your Breath Test Results?

Comprised of 3.8 square miles, the city of Clayton, with a population of approximately 11,000, is a part of Contra Costa County. Clayton lies at the foot of the Mount Diablo State Park, and was originally founded by Joel Henry Clayton and his two younger brothers. The city won its name by a coin toss between Clayton and Charles Rhine.

If you are a resident of Clayton, you may have spent some time at the Clayton Club Saloon on Main Street. With the eclectic décor of cowboy boots on the ceiling, reasonable mixed drink and beer prices, an outdoor covered patio, and live bands with no cover charge, the Clayton Club Saloon is a popular hangout, particularly for locals. Perhaps the E.J. Phair Brewing Company Concord Alehouse on Salvio Street in adjoining Concord is more to your liking with its cold, locally brewed beer, tasty wings, and welcoming atmosphere.

When You Need a Clayton DUI Attorney

You may have your own favorite place in Clayton or in one of the surrounding cities, but you weren’t expecting to find yourself pulled over on suspicion of DUI afterward. You may have been stopped because the police officer thought you were driving carelessly, or perhaps you found yourself in the midst of a DUI roadblock on Clayton Road.

Whatever the circumstances of your Clayton, California DUI arrest, the best thing you can do after being charged is to immediately contact an experienced Clayton, California DUI attorney. Your attorney can determine whether your DUI breathalyzer test was correctly administered and is accurate. Attorney Nabiel C. Ahmed is a seasoned DUI defense lawyer with a proven record of acquittals and dismissals.

Call (510) 907-6600 for a free consultation with our attorney, or submit a short online form now.

Do You Have a Medical Condition That Could Alter the Results of Your Breath Test?

If you are stopped on suspicion of DUI, you may be transported to the police station and asked to submit to a breath test to measure the alcohol in your bloodstream, which is traditionally considered an indicator of impairment. Unfortunately, breathalyzer machines assume:

  • The subject is perfectly healthy
  • The testing conditions are ideal
  • The person administering the test has the necessary skills

In reality, none of these things may be true—therefore, the results could be flawed.

There are a number of medical conditions which can artificially inflate breath test results. One of those conditions is diabetes. A diabetic can have levels of acetone in the blood which are hundred, even thousands of times higher than those of a non-diabetic person. A breathalyzer machine measures the subject’s levels of ethyl alcohol, but the machine cannot distinguish between acetone and ethyl alcohol.

This means that a person with a high level of acetone—like a diabetic—could have a falsely high reading on a Breathalyzer test.

Low carbohydrate diets, which incorporate high protein levels and high fat levels, can also cause acetone levels to spike. A person who was on the Paleo diet, a Ketogenic diet, or a similar program could test falsely high on a Breathalyzer test. Individuals who suffer from gastroesophageal reflux disease can also test falsely high on a breathalyzer test, since this disease causes the contents of a person’s stomach—including undigested alcohol—to flow back up the digestive tract.

Even something as simple as a burp can interfere with a breathalyzer test, as burping causes stomach gases to rise into the mouth and esophagus. If you have been charged with a Clayton DUI, a knowledgeable DUI attorney is your best ally during this difficult time. The sooner your attorney is able to begin building a defense on your behalf, the better chances you stand of your charges being lowered or dismissed.

Contact the Law Office of Nabiel C. Ahmed as soon as possible to discuss your case for free, so we can help you build your defense. Call (510) 907-6600 or fill out our online form.

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