Breath Testing
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Home
Calibration
Mouth Alcohol
Defenses
Refusal
Free Online Case Evaluation
Breathalyzer Mouth Alcohol
Although breathalyzers are one of the most common tools law enforcement officers use to identify drunk drivers, they are far from 100% reliable when it comes to measuring the amount of alcohol a person has in his or her system—a calculation known as blood alcohol content, or BAC.
How so? Because the device forms this calculation based on the individual’s breath sample, and simply assumes the amount of alcohol detected here accurately reflects the amount of alcohol in his or her bloodstream. Unfortunately, this is not always the case, as the presence of mouth alcohol can falsely elevate
a person’s BAC and produce inaccurate breathalyzer results
. Here’s what you should know about breathalyzer mouth alcohol.
Regardless of which state you live in, it is a criminal offense to operate a vehicle with a BAC of 0.08% or higher. In addition, many states also have
lower limits for underage drivers
and commercial vehicle operators. Due to these laws, any person who is caught driving with an illegal amount of alcohol in his or her system can expect to be arrested and charged with driving under the influence (DUI).
There are several different ways to determine a person’s BAC. In addition to breathalyzers, a blood or urine test can be used; however, breath tests are by far the most frequently used method used by officers—despite the fact that blood tests are far more reliable.
If an officer asks you to take a breathalyzer, you will be asked to blow into a small tube until the officer tells you to stop. Once you have completed this task, the device will analyze your breath sample and look for any traces of alcohol. Should the device detect any alcohol in this sample, it will use a set ratio to calculate BAC. This means that if you have any alcohol on your breath, the breathalyzer will automatically conclude it’s because you have been drinking—a false perception that will be reflected in your BAC calculation.
For example, individuals who suffer from
acid reflux disease (heartburn)
or other gastrointestinal problems tend to have higher amounts of alcohol present on their breath. This is because their disorder can cause alcohol vapors to rise from the stomach to the mouth. In fact, if a person has belched, vomited, or even just hiccupped 20 minutes prior to taking a breath test, the results will most likely show a much higher BAC than the person truly has.
As you can see, mouth alcohol can cause a great deal of confusion when it comes to your breathalyzer results. If you recently failed a breath test, it is important to discuss your BAC calculation with an experienced DUI defense attorney. In many cases, your prior activities or medical history may have caused an accumulation of mouth alcohol and led to an inflated BAC reading.
To learn more about ways you may be able to challenge your breathalyzer results, contact an attorney who specializes in drunk driving defense in your area immediately after your arrest.
Fill in a free online case evaluation form right away for legal aid.
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