High protein diet as a DWI defense

[ROID WARRIOR]

I found this squib online and thought I'd share it. Not AAS, but nonethless bodybuilding related. Unfortunately, there are no citations in it or any indications as to who the expert was who testified for the defense. Apparently isopropyl alcohol is produced in the body as one comes out of ketosis.


"High protein diet as a DWI defense. A driver had drunk driving charges dismissed by arguing that his .10 alcohol level was caused by a high-protein diet rather than by excessive drinking. The high-protein defense was based on the theory that the human body produces it’s own alcohol if carbohydrates are suddenly consumed after being eliminated from the diet for a prolonged period of time. A professor of organic chemistry testified that a person’s body produces ketones after a long period of fasting or carbohydrate deprivation. If the person consumes carbohydrates, the body creates amino acids to break down the carbohydrates and make the ketones less toxic. One of the byproducts of this process is isopropyl alcohol, which the body eliminates through the kidneys and lungs. The breathalyzer does not distinguish between isopropyl and other types of alcohol in the body. (Gwinnett County State Court, Georgia)"


I don't know how the Georgia statute reads, but New York doesn't distingish as to how one's blood alcohol level rised to .08 for a DWI. It's interesting because 1192 (1) (DWAI) reads "consumption" of alcohol but the other subsections do not.

NY VTL 1192

1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.
2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.
3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.

regards,

RW

 

[easy]

WOW...

 

[liftshard]

Yeah...but he'd still be intoxicated. Unless the DWI statute in question discriminates between "accidentally drunk" and "purposely drunk," he's still supposed to know he has a disability to drive, right?

I see that RW makes reference to this in NY's statutes. Many jurisdictions will write you up for driving while high, as well.

 

[Spidey]

Yeah...but he'd still be intoxicated. Unless the DWI statute in question discriminates between "accidentally drunk" and "purposely drunk," he's still supposed to know he has a disability to drive, right?

I see that RW makes reference to this in NY's statutes. Many jurisdictions will write you up for driving while high, as well.

I don't know anyone who "feels" drunk with a 0.08 blood alcohol level. I sounds entirely reasonable to me when the legal limit is so low that one may not realize they are above the limit and not realize they have a "disability to drive". Especially if they haven't drunk any alcohol (if it came from the high protein diet).

 

[Biter]

Hell, I don't anyone who feels intoxicated while on a keto diet. Maybe feel lethargic, and overall like crap, but as far as being impaired, I haven't heard anything.

 

[nycdefender]

I don't know how the Georgia statute reads, but New York doesn't distingish as to how one's blood alcohol level rised to .08 for a DWI. It's interesting because 1192 (1) (DWAI) reads "consumption" of alcohol but the other subsections do not.

The Court of Appeals has held that the person must have "consumed" alcohol. see People v. Cruz, 48 N.Y.2d 419, 399 N.E.2d 513, 423 N.Y.S.2d 625, app dismd 446 U.S. 901 (1979) (Court, at least twice, spoke of the consumption of alcohol at 427 and 428.)

So the ketosis defense would work in New York. Thanks for the tip.

 

[guest username]

Re: Drunk Driving Case Overturned by DUI Lawyers From TicketVoid.com

Do you have an actual link or reference to this? I don't buy it. Here's why:

1. Breathalyzers DO distinguish between isopropyl alcohol and ethanol. We use them routinely in the ER.

2. Georgia is one of few states that require a blood ethanol test, which specifically looks for ethanol. It's analyzed by the Georgia Crime Lab, a division of the Georgia Bureau of Investigation. We get cops and troopers bringing patients into the ER all the time getting blood draws.

Georgia has some weird laws that I've found out after recently moving here. Love the traffic laws. They can't ticket you for speeding unless you're going >10 mph over the limit! (Troopers can ticket you for 1 over though.) Let's me hammer down between Atlanta and Brunswick. Of course in my fed Tahoe, they won't pull me over anyhow.

 

[gerrywilson]

That is a good information. If there is little alcohol due to high protein, then that is not problem of the driver.

 

[mike131]

I found this squib online and thought I'd share it. Not AAS, but nonethless bodybuilding related. Unfortunately, there are no citations in it or any indications as to who the expert was who testified for the defense. Apparently isopropyl alcohol is produced in the body as one comes out of ketosis.

defense. A driver had drunk driving charges dismissed by arguing that his .10 alcohol level was caused by a high-protein diet rather than by excessive drinking. The high-protein defense was based on the theory that the human body produces it’s own alcohol if carbohydrates are suddenly consumed after being eliminated from the diet for a prolonged period of time. A professor of organic chemistry testified that a person’s body produces ketones after a long period of fasting or carbohydrate deprivation. If the person consumes carbohydrates, the body creates amino acids to break down the carbohydrates and make the ketones less toxic. One of the byproducts of this process is isopropyl alcohol, which the body eliminates through the kidneys and lungs. The breathalyzer does not distinguish between isopropyl and other types of alcohol in the body. (Gwinnett County State Court, Georgia)"


I don't know how the Georgia statute reads, but New York doesn't distingish as to how one's blood alcohol level rised to .08 for a DWI. It's interesting because 1192 (1) (DWAI) reads "consumption" of alcohol but the other subsections do not.

NY VTL 1192

1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.
2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.
3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.

regards,

RW

HI
May i know that consmption of Marijuana is also included in DUI charges???