When a law enforcement officer suspects an individual of driving under the influence of alcohol, they will likely ask you to submit to a breath test to determine your blood alcohol concentration (BAC). A breathalyzer is used to establish whether a driver is over the legal limit, which is 0.08%. If you have been charged with DUI in New Jersey, you are facing significant penalties including hefty fines, license suspension, and even jail time. As such, it’s important to understand that residual mouth alcohol is one of the most common causes of false positives or elevated results. Please continue reading to learn how residual mouth alcohol can skew BAC readings and why connecting with our determined Bergen County DUI Attorneys is in your best interest.
How Does Residual Mouth Alcohol Affect Breathalyzer Results?
Firstly, a breathalyzer assesses the amount of alcohol present in a person’s lung tissue, which normally will register an accurate reading of their BAC. However, if an individual has residual alcohol in their mouth, then a breathalyzer test can yield a falsely high BAC reading. Since the test is detecting alcohol vapors, even just a single drop of residual mouth alcohol will provide inaccurate results.
As its name suggests, mouth alcohol is alcohol that remains in our mouth. If you consume alcohol, traces of the alcohol will remain in the mucosal linings of the mouth temporarily. It’s important to note that this also occurs when alcohol is regurgitated. While it dissipates fairly quickly, it can remain in the mouth for up to fifteen minutes.
The DUI laws in New Jersey require law enforcement agents to wait a certain amount of time before they can administer a breathalyzer test to ensure accurate results. This observation period mitigates the risk of false readings caused by residual alcohol in the mouth. In addition to alcoholic beverages, residual mouth alcohol can occur due to the following:
- Acid reflux & GERD (Gastroesophageal reflux disease)
- Chewing tobacco
- Certain medications
- Mouthwash
Can I Use This Defense?
A false positive or higher reading can lead to wrongful DUI charges. As such, you may be wondering whether you can assert residual mouth alcohol as a defense. The effectiveness of this defense will depend on the unique circumstances of the situation. For instance, you may be able to use this defense if you can demonstrate that you used alcohol-based products such as mouthwash or breath spray. In addition, if you have acid reflux, you could argue that the medical condition caused elevated results.
If you are facing DUI charges, it’s in your best interest to contact with a dedicated attorney from The Law Office of Carl Spector, who can help you establish a robust legal strategy to avoid harsh penalties. Connect with us today to learn more about how we can fight for you.
