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
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