Breath, Blood & Urine Testing

Can diabetes or a keto diet cause a false positive breath test?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Certain metabolic conditions can produce compounds that raise interpretation questions, but they don't automatically invalidate a result.

Both diabetic ketoacidosis and sustained ketogenic dieting produce acetone and related compounds in the body, and there's a long-running argument about whether infrared breath instruments can misread them.

The realistic assessment: this isn't a defense that stands on its own. Modern evidentiary instruments include features intended to detect interfering substances, and asserting a keto diet without more won't move a case.

Where it becomes relevant is in combination. A documented diabetic condition, a reading that doesn't match the observed behavior, an unusual instrument response, or a gap between the two samples — those together are worth developing, and generally with expert input rather than argument alone.

The approach is the same as with reflux. Compare the medical history, the observation period, the instrument data, and the officer's own account of how the person appeared. Look for whether they agree.

On its own it's a theory. With the records behind it, it's an argument. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.