For most motorists in the Tar Heel State, it is illegal to operate a motor vehicle with a blood alcohol concentration of 0.08% or higher. If an officer suspects you are driving while impaired, he or she may ask you to breathe into a testing device. 

Alcohol breath test results are not always accurate. In fact, what you eat may interfere with the reliability of the test’s results. 

Restrictive diets

If you are like many of your neighbors, you may be actively trying to shed a few pounds. If you participate in the keto diet, though, you may be at risk for a false-positive breath test. That is, the test may not be able to distinguish between alcohol and the ketones your body produces. Other restrictive diets may have a similar effect. 

Certain foods

You do not have to have a restrictive diet to interfere with a DWI breath test, as simply eating certain foods may lead to false-positive results. Consuming ripe fruits, nuts, protein bars and some dairy products may be problematic for any alcohol breath test. 

Digestive response

When you digest food, your stomach and intestines produce acids and enzymes. If you have too many of either substance in your gut, though, a breath test may believe your BAC is above the legal limit. This may be true even if you are perfectly sober. 

While you cannot control your digestive response, you can mount a meaningful defense to DWI charges. Among other possible defenses, you may want to consider whether something you ate interfered with the breath test’s accuracy.