More and more adults are paying close attention to the way their diet influences their health. Low-carb diets like the keto diet and carnivore diet are becoming increasingly popular – especially for those with chronic medical problems. Because these diets change the body’s chemistry and release certain chemicals into the bloodstream, there has been some concern regarding the diets’ effect on alcohol breath tests or breathalyzers. Many people wonder if being on the keto diet can increase their chances of being accused of drunk driving.

Drunk Driving Charges and Ketones

Breathalyzers or breath tests measure how much alcohol is on a person’s breath. Roadside breathalyzer tests are used as a preliminary screening measure and often provide police probable cause for a drunk driving arrest. Evidentiary breath tests are conducted at the police station and often play a crucial role in driving under the influence (DUI) cases.  

When someone is on a diet that restricts or eliminates carbohydrates, the body breaks down fat in the body and uses the fat as fuel. A ketone called acetone is released during the fat-burning process. This may cause a person’s breath to contain isopropyl alcohol. Low-quality breathalyzers may not be able to differentiate between isopropyl alcohol produced naturally by the body and ethanol alcohol from wine, beer, or liquor. This can cause a breath alcohol test to show an inflated blood alcohol concentration (BAC).

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Individuals in Illinois must be at least 21 years old to buy cigarettes or alcohol. However, many teens and young adults do not want to wait until they are of legal age to purchase these products or enter 21+ establishments like bars and clubs. They instead obtain a fraudulent identification card or driver’s license with the hopes of evading Illinois law.

Possessing a fake ID is a criminal offense in Illinois. It is also illegal to create or distribute a fake state ID card or driver’s license. These offenses are punishable by driver’s license suspension, heavy fines, and jail time.

Illinois Laws Regarding Fraudulent IDs

Using a fake ID to buy alcohol or otherwise evade Illinois law can lead to criminal charges that dramatically impact your future.

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Like many states, Illinois has legalized the use of marijuana or cannabis. However, there are still many rules regarding how, when, and where cannabis may be used. Possessing or consuming marijuana in violation of Illinois law can lead to serious repercussions, including driver’s license suspension or even jail time. It is important for every Illinois resident to be aware of the current marijuana laws and the penalties for violating those laws.  

Possession of Marijuana is Limited

In 2020, Illinois legalized the use of marijuana for recreational purposes. You do not have to have a medical condition to be allowed to consume marijuana anymore. However, there are certain restrictions on the amount of marijuana a person can possess. Adults aged 21 or older may possess up to 30 grams of cannabis flower or “buds,” up to 500 mg of THC in a food “edible” or other product, and up to 5 grams of cannabis concentrate. Possession of greater than these amounts can lead to criminal charges. If you are caught with greater than 100 grams (3.5 ounces) of cannabis, you could be charged with a felony. It is also unlawful to smoke or otherwise consume marijuana in schools, government buildings, or on public transportation. Only licensed marijuana dispensaries are allowed to sell marijuana.

You Can Get a DUI for Driving Under the Influence of Cannabis

Possession of small amounts of cannabis is now legal for adults. However, it is illegal to drive under the influence of cannabis. If you consume marijuana and then drive, police may arrest your for driving under the influence (DUI). Blood tests are often used to determine a person’s intoxication level. It is illegal to drive a vehicle if the driver’s THC concentration is:

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Driving under the influence of alcohol, leaving the scene of an accident resulting in injury, drag racing, and other criminal offenses can result in the revocation of a person’s driver’s license. Unlike a driver’s license suspension, driver’s license revocation is indefinite. You cannot simply pay a fine and get your license back after the suspension period is over. To reinstate a revoked license and regain driving privileges, you will need to attend a formal or informal Secretary of State hearing.

Informal Secretary of State Hearings

If you were arrested for a first-time DUI offense, you will likely be able to attend an informal Secretary of State hearing. Informal hearings are held at DMV locations throughout the state. You do not need to schedule the hearing in advance. Informal hearings are held on a walk-in basis. You will meet with a hearing officer for the Secretary of State and demonstrate to the hearing officer that you have taken the required steps to reinstate your license.

The steps you must take to reinstate your driver's license depend on the results of your drug and alcohol evaluation, criminal history, and driving record. Someone with only one DUI on their record and no signs of alcohol dependance may only need to attend 10 hours of DUI risk education classes to qualify for reinstatement. On the other hand, someone suffering from alcoholism or alcohol dependency may need to complete dependency treatment or substance abuse treatment before they can get their license back.

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Driving under the influence of alcohol is a criminal offense punishable by significant penalties in Illinois. DUI offenders are subject to driver’s license revocation, expensive fines, vehicle impoundment, and even jail time in certain situations.

Alcohol breath tests, often referred to as breathalyzers or intoximeters, measure the amount of alcohol on a driver’s breath. The results of a breath test are often a crucial component in a DUI case. Consequently, many people wonder if they can refuse to take an alcohol breath test. This blog will explore the advantages and disadvantages of refusing a breathalyzer in Illinois.

Understanding the Two Types of Breath Tests in Illinois DUI Cases

There are two types of breath alcohol tests used in Illinois drunk driving cases. When a police officer suspects a driver of drunk driving, the officer may ask the driver to take a roadside breath test. The subject is asked to blow into the device, and the device displays the driver’s blood alcohol content (BAC) on a screen. If the driver’s BAC is above 0.08 percent, the driver is arrested for DUI. These small,  handheld testing devices are called preliminary breath tests. The purpose of a preliminary test is to give police officers probable cause for a DUI arrest. The results of preliminary tests are not used as evidence in a DUI case.

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