diet-cocktails-rising-bac
Results from a recent study suggest that drinking diet cocktails (e.g. diet coke and liquor) could raise your BAC levels .02% higher than regular cocktails.

Drinking alcohol is one of the easiest ways to sabotage your diet plan. One glass of beer has approximately 200 calories on average, whereas a jigger (1.5 ounces) of whiskey has nearly 100 calories.1 As a result, a new market for “diet cocktails” (artificially sweetened, low calorie alcoholic beverages) has recently emerged for weight-conscious imbibers.

What are Diet Cocktails?

A diet cocktail uses mixers made with artificial sweeteners. Some examples of diet cocktails include Diet Coke and liquor, and the popular “Skinnygirl” brand of beverages. While these drinks may be better for your diet, they could increase your chances of getting a DUI.

A recent study showed that such drinks can actually have the effect of increasing the blood-alcohol content levels in your system. According to research published in the American Journal of Medicine, this is because the body more readily absorbs alcohol when ingested with fewer calories. With diet mixers, the stomachs of test subjects emptied 15 minutes quicker than with regular cocktails. Further, the BAC levels of the subjects after one vodka cocktail with a diet mixer were on average 0.02 percentage points higher than found after the subjects drank naturally sweetened drinks (at 0.05% for diet and 0.03% for regular).

Can a Diet Cocktail Land You in Jail for a DUI?

In general, anytime you drink alcohol and drive, you could face a charge of driving under the influence (DUI). However, if your drink of choice is a diet cocktail, you may actually be increasing the likelihood of a conviction.

If a Breathalyzer test shows that you have a BAC of 0.08%, you could be charged with DUI. Considering the typical 0.02 percent increase in BAC gained from diet cocktails, you could hypothetically surpass the 0.08% standard by drinking only two diet cocktails whereas you’d be within the legal limit if you drank two non-diet cocktails.

Are Diet Cocktails a Defense for a DUI?

Drinking and driving is never a good idea, but this recent study proves that drinking diet cocktails before driving is even worse. If you are being charged with DUI, our skilled DUI defense attorneys may be able to defend you against these charges.

One common defense we may be able to use to defend you against DUI charges is the “rising BAC” defense. A rising BAC occurs when your BAC level continues to rise. This means that you could be under the legal limit when you drove, but over the legal limit when you submitted to a Breathalyzer test. An experienced DUI attorney may be able to use this knowledge to argue on your behalf.

Contact Wallin & Klarich if You Have Been Arrested for a DUI

Wallin & Klarich has been successfully defending those facing DUI charges for over 30 years. Our skilled attorneys can help you achieve the best possible outcome in your case. We’ve helped thousands of people in their time of legal need, and we can help you too.

With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is a skilled Wallin & Klarich DUI defense attorney available to help you no matter where you work or live.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.


1. http://rethinkingdrinking.niaaa.nih.gov/Tools/Calculators/Calorie-Calculator.aspx

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