Mouth Alcohol & Breath Tests

Aggressive DUI/OVI Lawyers in Dayton

Breathalyzer machines are hyper-sensitive devices which are designed to detect even the smallest trace of alcohol within a driver’s bloodstream. Unfortunately, since these devices are capable of picking up as little as a millionth of an ounce of alcohol in your mouth, it is not uncommon for these instruments to be overly sensitive to the wrong things and register an artificially high reading, causing innocent drivers to be wrongfully accused of driving under the influence (DUI).

At Gounaris Abboud, LPA, our Dayton DUI attorneys understand the way that breathalyzers work and how law enforcement may not be aware of how misrepresentative their readings can be in regards to your actual level of intoxication. Having been defending the rights of accused drunk drivers for more than 25 years combined, we have the extensive legal knowledge and skills to argue against your charges and maximize your chances of securing a favorable result for your case.


Call (937) 660-8429 or schedule a free consultation today to review your defense options.


How Can Mouth Alcohol Affect My BAC Level?

The law only prohibits you from operating a motor vehicle with a certain amount of alcohol in your blood – not in your breath or stomach. Breathalyzers only aim to read the amount of alcohol in the microscopic blood particles in your breath from deep within your lungs, though they are unable to do so with perfect precision.

Any miniscule residual droplets of alcohol in your mouth after drinking can cling to a breathalyzer and be misread as being in your bloodstream, registering a false high. In other words, it is fully possible for you to only have one drink, drive well below the legal limit, be completely sober, and still register a blood alcohol concentration (BAC) above 0.08%.

Several other activities or actions can also increase your mouth alcohol and cause your BAC to temporarily spike, including:

  • Swishing an alcoholic beverage in your mouth
  • Chewing tobacco
  • Acid reflux
  • Using mouthwash
  • Sneezing
  • Burping
  • Coughing
  • Vomiting
  • Recently eating

Furthermore, Ohio law requires police officers to observe an arrestee for 20 minutes prior to administering a breath test to ensure that they do not do any of these acts which could throw off test readings. Since many of these tests take place back at the police station once a defendant has been sitting in the back of a squad car for an extended period of time, it is often impossible for an officer to have provided the sufficient level of observation.

We Are Ready to Fight for Your Rights

Your freedom and driving privileges are no laughing matter – and they certainly should not be dependent on the outcome of an unreliable breathalyzer test. At Gounaris Abboud, LPA, our Dayton DUI/OVI lawyers are well-versed in the effective strategies and arguments necessary to expose weaknesses in the prosecution’s case, giving you a fighting chance against your charges. As former prosecutors ourselves, we can see your case from every angle and stay one step ahead of the opposition, ensuring your rights are guarded every step of the way.

Do not take any chances with your future and contact us today.