Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

How low carb diets and ketones can “trick” a DUI breath test

By Spodek Law Group | February 12, 2023
(Last Updated On: March 19, 2023)

Last Updated on: 19th March 2023, 01:34 am

Understanding the Connection between Low Carbohydrate Diets and Ketosis

A low carbohydrate diet, such as the popular Paleo, Atkins, or ketogenic diet, can cause the state of ketosis. In this condition, the body is forced to burn fat stores for energy as it is deprived of carbohydrates. This intentional production of ketones is just one of the many causes of insufficient carbohydrate intake.

Other Causes of Ketosis

There are several other factors that can result in high production of ketones, including:

  • Anorexia
  • Fasting
  • Excessive vomiting
  • Diarrhea
  • Undereating
  • Starvation

The Effect of Diabetes on Ketones

Medical conditions such as diabetes can also impact the production of ketones in the body. Diabetes causes the body’s inability to produce insulin, a hormone that helps to burn glucose for energy. When the pancreas does not produce enough insulin, the body must burn protein and fat stores for energy, resulting in an excess production of ketones.

Diabetic Ketoacidosis (DKA) – A Life-Threatening Condition

When ketone levels in the blood become too high, it can lead to a potentially life-threatening condition known as diabetic ketoacidosis (DKA). People suffering from DKA are susceptible to wrongful arrest for driving under the influence (DUI) as the symptoms of DKA resemble those of alcohol impairment.

Common symptoms of DKA include:

  • Excessive thirst or dry mouth
  • Frequent urination
  • Sluggishness
  • A flushed face
  • Nausea and/or vomiting
  • Confusion
  • Decreased coordination
  • “Fruity” smelling breath that can be mistaken for alcohol.

Thus, someone suffering from DKA might not only “fail” a DUI breath test, but also appear drunk to a law enforcement officer. This can result in an arrest for various charges, including:

  • Driving under the influence of alcohol (California Vehicle Code 23152(a))
  • Driving with a blood alcohol content (BAC) of .08% or greater (California Vehicle Code 23152(b))
  • Commercial driver DUI (BAC of .04% or greater) (Vehicle Code 23152(d))
  • Taxi, limo, or ride-sharing driver DUI (BAC of .04% or greater) (Vehicle Code 23152(e))
  • Underage DUI (BAC of .05% or greater) (California Vehicle Code 23140)

It is crucial to understand the connection between low carbohydrate diets and ketosis, as well as the impact of medical conditions such as diabetes on ketone production. This knowledge can help prevent potential life-threatening situations like diabetic ketoacidosis.

Can Medical Conditions and Diets Trick DUI Breathalyzers?

Driving under the influence (DUI) of alcohol is a serious offense, with harsh legal consequences. However, what many people don’t know is that some diets and medical conditions can produce substances in the body that are chemically similar to alcohol. These substances, known as “ketones,” can sometimes trick DUI breath testing machines and lead to falsely elevated blood alcohol concentration (BAC) readings.

h4: What Are Ketones and How Does the Body Produce Them?

Ketones are chemical substances that the body produces when it burns fat as an energy source. They are similar in chemical composition to isopropyl alcohol, a type of alcohol found in solvents like acetone. However, many DUI breath testing devices cannot distinguish between isopropyl alcohol and ethyl alcohol, the type found in alcoholic beverages. When ketones are present in the body, a DUI breath test can report a falsely elevated BAC.

The body produces ketones as a natural response when it can’t get enough glucose from carbohydrates or if it can’t use glucose due to a lack of insulin. In these cases, the body burns stored fat, which the liver breaks down into ketones. This process is the body’s normal protection against starvation, and it is also useful for athletes and others who need energy for strenuous workouts beyond the levels of glucose in their blood.

Which Medical Conditions and Diets Can Cause Ketosis?

Several medical conditions and diets can cause the body to produce ketones. These include diabetes, hypoglycemia, fasting, and high-protein/low-carbohydrate diets like the popular Atkins and Paleo diets.

How Do Diabetes and Hypoglycemia Affect Ketones?

In diabetes, the body cannot produce enough insulin or cannot use insulin effectively. As a result, the body cannot use glucose as a source of energy, so it burns stored fat instead, producing ketones. In severe cases, this can lead to a dangerous condition called diabetic ketoacidosis (DKA), which can cause a DUI breath test to report a falsely elevated BAC.

Hypoglycemia, or low blood sugar, can also lead to a falsely elevated BAC reading. When blood sugar levels drop too low, the body releases stored glucose and burns fat for energy, producing ketones.

 How Can These Issues Help You Fight a DUI Case?

If you have been arrested for DUI and believe that medical conditions or diets may have caused a falsely elevated BAC reading, you should consult with an experienced DUI lawyer. They can help you understand the science behind ketones and how they can affect DUI breath tests, and they can use this knowledge to build a strong defense in your case.

In conclusion, understanding the role of ketones in DUI breath testing is crucial for anyone facing DUI charges. By knowing how medical conditions and diets can produce ketones and affect BAC readings, you can better protect yourself and your rights in a DUI case.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!