Drunk driver on keto diet discharged without conviction for ‘out-of-character’ offending

A drunk driver who claimed his keto diet lowered his alcohol tolerance has been discharged without conviction after a judge ruled the offending was out of character.

First-time offender Paul Lewis argued his keto diet had led to a lowered alcohol tolerance, one he wasn’t aware of before driving.

“[It is] clear you and your wife are horrified about this and it’s equally clear to me that you have demonstrated significant remorse and it’s highly unlikely you will re-offend again,” Judge Nicola Wills said to the man this week in the Wellington District Court.

“I am satisfied it was an isolated event and completely out of character.”

Lewis said he had three beers before he got behind the wheel to drive one Friday night, but the self-described “misjudgment” while on the restrictive diet still landed him in court months later.

About 8.45 pm on Friday, January 13, Lewis was stopped for a roadside breath screening by police.

Confident his levels were below the legal limit, Lewis underwent both a breath and blood alcohol test, however the three beers he had consumed that evening told a different story.

Lewis blew a level of 481 micrograms per litre of breath, nearly twice the legal limit of 250. His blood alcohol levels were recorded at 91mg per 100ml of blood, nearly double the limit of 50mg.

He had been so confident he was under the limit a sober driver from his group followed behind in a different car.

However, in explanation for his offending, Lewis told police he had been on the keto diet and had underestimated the impacts of alcohol.

The court also heard Lewis had been struggling with personal issues at the time of the offending, including the death of his daughter.

His lawyer, Elizabeth Hall, said her client made an error of judgment, one that would never be repeated by the “generally law-abiding citizen”.

Hall said the experience of coming before the courts had been incredibly difficult and he had made as many efforts as possible to amend the issues.

This included a $600 donation to the Wellington Free Ambulance and attending a driving course.

“He simply made a mistake, and you’ll never see him again,” Hall said.

Lewis was discharged without conviction and ordered to pay $479 in medical costs for the blood test and $130 for court costs.

He was also disqualified from driving for six months and granted a limited licence.

Can the keto diet make you drunk faster?

Registered dietitian Anna Sloan told NZME Lewis’s story was a warning to others.

“This should be a warning that it’s better to not risk it all – go for something non-alcoholic if you are driving,” Sloan said.

She said if a person is on a diet to lose weight, it is common for the individual to be drinking less, which over time reduces alcohol tolerance levels.

“Regardless of how you’ve lost weight, be it small steps and healthier choices, a lower body weight can be enough to reduce the amount of alcohol you tolerate,” she said.

However, when it comes to a keto diet, the reduction in carbohydrates does contribute to how the body metabolises alcohol as glucose is limited in the body.

“This forces the liver to make its own glucose from ketones, as your brain needs glucose to function,” Sloan said.

“When alcohol is consumed, your liver prioritises metabolising this ‘toxin’ (alcohol) and along with the absence of carbohydrates to help absorb it, the alcohol reaches your bloodstream (and brain) much quicker than it would normally.”

She recommended if someone has had weight loss and is having a drink, to be aware of the changes the body is making.

“Take it easy, start with half of your ‘usual’ and make sure to eat something substantial while you drink.”

Hazel Osborne is an Open Justice reporter for NZME and is based in Te Whanganui-a-Tara, Wellington. She joined the Open Justice team at the beginning of 2022, previously working in Whakatāne as a court and crime reporter in the Eastern Bay of Plenty.