Medical conditions, using mouthwash or even dentures can lead to the presence of mouth alcohol.
If you have been stopped by the police on suspicion of driving under the influence, the officers may ask you to take a roadside breathalyzer test. You should know that if you are not under the age of 21 or on DUI probation, you do not have to take this test. But whether you take this breath test or a chemical breath test after being arrested, you should also know that there are factors that can lead to a false positive breath test showing that you were driving drunk — even if you didn’t have even a sip of alcohol.
That’s because chemical breath tests — whether administered before or after your arrest — do not actually measure your blood alcohol content (BAC). Instead, they determine if a certain chemical compound is present in your breath. If it is, then that is used to determine BAC (the legal limit in California is .08 percent BAC for most drivers). However, the chemical compound that is measured by breath tests can be found in any number of substances — and can even be produced by your own body!
The upshot of all of this is that a positive breath test result does not necessarily mean that you have alcohol in your system. Instead, it could be from mouth alcohol, which could be caused by a number of things. This includes certain medical conditions like acid reflux, heartburn and gastroesophageal reflux disease (or GERD). It could also be caused by any medication that contains alcohol, such as many over-the-counter cold medications. Mouthwashes and breath spreads could trigger a false positive, as could chewing tobacco. And surprisingly, even dental work — like dentures or a bridge — could lead to mouth alcohol, as food and liquid may be trapped in your mouth by these items.
This means that you could be charged with a DUI even if you haven’t had anything to drink. This is particularly true for anyone who is subject to a lower BAC limit under California law, such as drivers under the age of 21 and people with commercial driver’s licenses driving commercial vehicles.
So how can you fight back against DUI charges that are based on false positive breath tests due to mouth alcohol? A DUI lawyer in Riverside, CA can put together a defense based on the presence of mouth alcohol, particularly if the police failed to follow protocol and tested your breath without observing you for 15 minutes beforehand. If an officer administers the test without continuously observing you for 15 minutes, then it is possible that any number of things could have happened — like you burping or throwing up a bit — that would cause mouth alcohol.
If you have been charged with a DUI in Southern California, you will need a smart, experienced DUI lawyer. In Riverside, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com for a free initial consultation. We will fully examine the facts of your case to determine if mouth alcohol is a viable defense to the charges — or if there are any other circumstances that can be used to have the charged reduced or dismissed. Contact us today to learn more!
