Have you been arrested for
DUI due to a failed breath test? Just because BAC reading may have been over
the legal limit, doesn’t necessarily mean that those numbers are accurate.
Although it is a fairly rare, the “mouth alcohol” defense is
highly effective. This type of defense argues that the breath sample used
to measure one’s BAC is unreliable as a measurement of one’s
alcohol content in his or her blood because the defendant’s mouth
was saturated with alcohol, resulting in an artificially high BAC, and
not the defendant’s actual BAC.
It is imperative to understand that breath tests do not actually measure
the amount of alcohol present in an individual’s blood. What it
does is make an approximation of your BAC by measuring the amount of alcohol
in your lungs, which is then converted into a blood-to-alcohol ratio.
When you drink alcohol, it enters the body through the mouth and travels
through your gastrointestinal tract. Although the majority of the alcohol
is absorbed into your body in the small intestines, the mouth also absorbs
some alcohol, which can affect a breath test.
What is unknown to many is the fact that there are many other causes of
mouth alcohol not related to consuming alcoholic beverages, such as:
- Medical conditions like gastroesophageal reflux disease (GERD), acid reflux
- Medicines containing alcohol (such as Nyquil or Tylenol)
- Mouthwashes or breath sprays containing alcohol
- Chewing tobacco
- Dental work such as dentures that traps food or even alcohol
- Food particles soaked in alcohol that are stuck one’s teeth
The presence of any of these factors could mean that alcohol found in the
mouth is not representative of the amount of alcohol that is actually
in your blood. This, in turn, means that you can challenge the inaccurate
results of your breath test and use the “mouth alcohol” defense
to fight your DUI charges.
If you have been arrested for a DUI in Virginia Beach, VA, request a
free consultation with
The Law Offices of Daniel J. Miller today.