It is very possible, at least in states like California. Here is why, and how this could happen:

Drugs such as Ozempic (Semaglutide) belong to a class of medications called glucagon-like peptide-1 (GLP-1) analogs. These drugs work by producing a hormone like substance that regulates blood sugar and slows down gastric emptying.

Other medications that have the same effects as Ozempic—like Wegovy and Mounjaro—have also risen in popularity among individuals using these drugs for the off-label purpose of losing weight. Though originally intended to treat type 2 diabetes, the drug has been found to be effective in treating obesity by making the person feel more full than usual by slowing the amount of time it takes the stomach to empty (gastric emptying).

Arrested For DUI? Call ☎️ Matt 310-686-1533

How Does the Speed of Gastric Emptying Relate To a DUI? To understand how these drugs affect a person charged with DUI it is important to first talk about how alcohol is consumed and how it raises a person’s blood alcohol level. When an alcoholic beverage is ingested it enters the stomach. What is often misunderstood is the fact that the alcohol is not immediately absorbed in the stomach. Only 20 percent of the alcohol is absorbed through the stomach lining, the other 80 percent is absorbed in the small intestines.

The process of alcohol absorption is primarily regulated by the pyloric sphincter, a valve which acts as a gateway into the small intestines. In a normal human being, not taking any type of weight loss medication, the time it takes for the alcohol to get to the place where it will be absorbed into the body is anywhere from 15 minutes to two hours. This is sometimes referred to as gastric emptying.

However, if the individual is taking Ozempic or a similar GLP-1 drug their digestive process is delayed or “slowed down” and the time it takes for the stomach to empty through the pyloric sphincter may take much longer, sometimes as long as 4 hours or longer. Scientists call this condition “gastroparesis” or delayed gastric emptying. It is commonly understood that GLP-1 receptor agonists exert their therapeutic effects partly through gastroparesis, the deliberate slowing of gastric emptying.

Why is this slowing of gastric emptying relevant to a DUI case? Here is a scenario that may better explain why: If a person drinks a quantity of alcoholic beverages and only 20 percent of the alcohol is immediately absorbed, the remaining 80 percent is sitting there in the stomach for up to 4 hours and the person may decide they are safe to drive because that alcohol has not entered the circulatory system and is therefore not impairing the person’s mental and physical abilities. The person is not feeling the effects of the alcohol and their BAC remains lower. But, once it hits the small intestines it is rapidly absorbed and blood alcohol levels rise.

When you think about that, it means the alcohol, food etc. sits around in the stomach- no or low effect because not much in blood stream. Then the pyloric sphincter opens and dumps all the contents into the small intestine which results in a rapid uptake of alcohol into the blood stream.  

If the person was pulled over say an hour or two after drinking and the officer smells alcohol and arrests the person, their blood alcohol level at the time of driving could be much lower. But remember, they still have alcohol sitting in their stomach due to the Ozempic. If the person is then tested for BAC concentration 3-4 hours after cessation of drinking they can be at a peak level, much higher than they were at the time of driving. The end result is the driver could appear to have a much higher blood alcohol level than would actually be the case.

DUI Lawyers in California call this a “rising blood alcohol defense” because we are in a “time of driving” State, meaning the law in CA requires the prosecution prove you were above the legal limit of .08 at the “time of driving”. Although the law requires the government to prove the BAC at the time of driving, prosecutors are given a “presumption” (VC23152b) that the test numbers are reflective of the levels at the time of driving as long as the sample is collected within 3 hours of the time of driving. It is here where the problem of innocent people getting falsely accused lies.

Ordinarily the defense only kicks in if the client was pulled over within 1-2 hours after last drink. However, if the client is taking Ozempic this time frame is now increased to up to 4 hours.

Can Ozempic Falsely Convict an Innocent Person of DUI? When taken with alcohol, Yes it is possible. The reason is because of the slower absorption time for alcohol to enter the bloodstream and raise the BAC, many innocent persons below the legal limit at the time of driving could be falsely convicted.

Experienced DUI attorneys can “rebut” the VC 23152(b) presumption by introducing evidence of the slower absorption times in specific cases.

What about Ozempic and Breathalyzers? The use of semaglutides or liraglutides creates a fasting condition in the body. This condition can cause the creation of ketones. It is believed that the increased levels of ketones, including acetone that is known to be biotransformed into isopropanol by the action of liver alcohol dehydrogenase can lead to false positives on some breathalyzers that use a fuel cell as a means of BAC measurement.

If you were taking Ozempic, Wegovy, Mounjaro or any semaglutide GLP-1 drugs and were arrested for driving under the influence, you should consider talking to an experienced DUI lawyer who can assess your case, with the help of experts, and determine if the drug you were taking may make you innocent of the drunk driving charge. Specifically, if you are taking Ozempic or similar drug and were arrested and submitted to a breathalyzer that seems inaccurate, DUI Attorney Matthew Ruff may be able to help.

Interestingly, some people who are taking Semaglutides have reported a reduction in the cravings for alcohol. This is not the case with all people and therefore more research needs to be done in order to completely understand how alcohol consumption is affected while on the medication.

Matthew Ruff is a Top Tier Torrance DUI Attorney with 30 years experience defending clients against charges of driving under the influence in California.

Matthew defends drivers charged with driving under the influence of alcohol and DUI for prescription drugs in California.

If you or someone close to you has been arrested for DWI or drunk driving and took a breath test or blood test while using Ozempic or any other semaglutide, you should consult a lawyer to assess whether a rising BAC defense or other challenge to the evidence may exist.

Recently DUI Attorney Matthew Ruff Won a DUI Case where the client took a chemical test which reported a .11 BAC. Using the rising BAC defense, Matthew was able to show his client was not guilty of driving with a BAC of .08 or higher (VC23152b), the government agreed and dropped the case.

Arrested For DUI? Call ☎️ Matt 310-686-1533