A response to a question on a legal advice website by Scott in Oregon.

Scott mentioned trying to fight a DUI based on the fact that his blood sugar was at a level that indicated Ketones in his blood stream. He also mentioned a class-action lawsuit against the breathalyzer used in his arrest.

Yes Scott, alcohol breath tests have some margin of error. The level of accuracy can be affected by many medical and environmental factors, of which ketosis is one. Any legal advice would require a consultation with a complete list of all facts involved. Of the recommendation that I could give you, at the top of the list is, talk to a lawyer in your area. An experienced attorney would be able to tell you whether or not ketosis or the class-action law suit would be arguable factors in your DUI case, for example; if your breath test reading was .2+ then even with a large margin of error you would most likely still be over the legal limit, but if you blew a .1 or .09 then there is the possibility of favorable outcome.

Good Luck Scott

Read some court case victories by Chad Maddox involving DUI and the DMV.