Racking up a DUI can lead to major punishments and massive inconveniences, including LOSS OF YOUR LICENSE, mandatory jail time, probation and forced installation of a device in your vehicle that prevents you from starting your car without blowing into a breathalyzer-like device first.
To stay out of jail and to avoid other awful, life changing punishments, you want to build an aggressive defense. Part of process involves sleuthing out what mistakes the police might have made… as well as potential problems with the prosecution's attempt to prove that you did, indeed, violate California Penal Code 23152 or 23153.
Here is a potential way to fight back, if you had been eating a non-mainstream diet when police stopped you.
For instance, let's say you were on the Paleo Diet, an increasingly popular plan that advocates eating a lot of meat and vegetables and eschewing sugar, flour, vegetable oil and other processed foods. While on this lower carb diet, your body might start to produce something called ketone bodies, which can influence breath test results. In other words, if you blow into a breathalyzer test while on a low carb or paleo diet, you might get a false positive.
This could mean the difference, for instance, between a 0.07% BAC (under the limit) and a 0.09% BAC (over the limit – potentially leading to JAIL TIME, alcohol school, massive fines and license suspension).
Call experienced criminal defense attorney Christopher Martens, who aggressively fights DUI cases like yours at Tulare Superior Court at 221 South Mooney Boulevard.