DUI FAQ’s

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It is a common incident in cases, when someone is asked to pull over in suspicion of a DUI by the police, that a breath test is done. The breathalyzer test is done in order to assess and determine the exact value of the blood alcohol content in the breath and lungs of a person at the time of driving. The test is done to find out whether the blood alcohol limit of the driver is above the legally allowed limit defined by the state or not. In the state of California, the legal limit for blood alcohol content is 0.08%.

There are also many questions asked about the breathalyzer test and its efficacy in determining the actual alcohol content in the blood of an individual. Some of the most common questions asked in connection with mouth alcohol tests are;

Can A Breathalyzer Reading Be Inaccurate?

There are some instances when a breathalyzer reading may be found to be inaccurate. One reason maybe if the machine malfunctions, and another one maybe if the police officer causes an operation error during the testing procedure. Also, the reading during the test can also be affected by the level of mouth alcohol at the time the test was being done. If due to any reason, the level of alcohol content in the mouth is found to be elevated, the individual maybe shown to be intoxicated and involved in DUI, even though they might be completely sober at the time.

Can The Use Of Breath Fresheners Cause Any Mouth Alcohol?

Both mouthwash and breath fresheners can cause alcohol in the mouth. This can make a breathalyzer machine give a high alcohol level reading, because it detects alcohol content in the mouth, while the lungs are clear. This leads to inaccurate reading.

Can Acid Reflux Affect Breathalyzer Reading? 

Acid reflux, gastroesophageal reflux disease and heartburn can all cause alcohol in the mouth, which can affect the DUI breathalyzer test results. Any vomiting before the test will also give a high mouth alcohol level in the breath test.

Can A Slope Detector Be Used With A Breathalyzer Machine For The Detection Of Mouth Alcohol?

Slope detector is actually a device which is used with a breathalyzer machine. It can be used to program the equipment to take in only deep lung air for the purpose of testing. This way, determining the actual alcohol blood level is better ensured.

Sometimes, a slope detector may fail to function, without warning, as to the presence of alcohol in the mouth. In such a case, the breathalyzer equipment can give off reading with elevated blood alcohol content, just due to the presence of alcohol in the mouth.

Is It Possible For Dentures To Cause Alcohol in the mouth?  

Different types of adhesives for dentures are known to trap alcohol in the mouth, which can result in an inaccurate high BAC reading taken on a breathalyzer machine. Dental caps and bridges can also trap some alcohol in the crevices which can be a possible cause of alcohol in the mouth that gives inaccurate breathalyzer reading.

If you want to know any more details about mouth alcohol and how breathalyzer readings can be faulty and what to do if you are charged with a wrong charge for high blood alcohol content, contact Kosnett Law for legal guidance.

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