Effect of Mouth Alcohol on DUI Charges

It is quite possible for a field sobriety test to be compromised due to the presence of “mouth alcohol”. For some individuals, measurable amounts of alcohol may remain in the mouth following consumption of beer, wine or liquor. For these people, a breathalyzer test administered at roadside, especially within a very short time period after their last drink, could result in a false positive or inaccurate blood alcohol concentration (BAC) reading. Additionally, alcohol containing consumer products such as mouthwash can contribute to a false roadside test result.

The sensory devices operating a breathalyzer roadside sobriety test, work based on measuring particles of alcohol coming from the breath. The test however is imprecise in that it cannot distinguish if particles of alcohol could also be coming from the mouth and or throat as well. This is part of the reason why breathalyzer tests are inadmissible in court, they are imprecise and do not irrefutably capture an individual’s actual blood alcohol concentration and instead form an estimate based on the limited evidence they capture.

Alcohol to varying degrees stays present in the mouth for up to 20 minutes after finishing consuming it. Saliva works to rinse the mouth and throat clean but if an individual has just finished drinking, there is a greater chance that mouth alcohol could be present. Mouth alcohol is absolutely something which can assist your Dayton lawyer to better defend a potential DUI charge.

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Categories: DUI Defense