Chewing tobacco doesn’t significantly impact your actual blood alcohol level (BAC), but it can lead to inaccurate results on DUI breath tests. This issue arises due to a phenomenon known as “mouth alcohol,” which can confuse breath testing devices and result in unfair DUI charges. If you’ve been charged with DUI after using chewing tobacco, understanding how mouth alcohol affects breath tests is essential.
What Is Mouth Alcohol?
Mouth alcohol refers to alcohol that is present in the mouth, rather than in the bloodstream. Breath tests are designed to measure alcohol content in air from deep in the lungs, which reflects a person’s actual BAC. However, when alcohol is present in the mouth, it can distort breath test results.
Causes of Mouth Alcohol
Mouth alcohol can occur for several reasons, including:
- Chewing Tobacco: Some chewing tobacco products contain ethyl alcohol. While not enough to cause intoxication, this small amount can register on a breath test.
- Mouthwash: Alcohol-based mouthwashes can leave residual alcohol in the mouth.
- Dentures: Dentures and other dental work can trap alcohol-containing substances, contributing to inaccurate test results.
- Gastroesophageal Reflux Disease (GERD): Acid reflux can bring stomach contents, including alcohol, into the mouth, increasing the chance of false readings.
How Chewing Tobacco Affects DUI Breath Tests
Chewing tobacco contains a small amount of ethyl alcohol, which can linger in the mouth and interfere with breathalyzer readings. Breath tests are designed to analyze air from the lungs, but when residual alcohol from chewing tobacco mixes with this air, the device may overestimate the individual’s BAC.
This phenomenon can lead to false DUI charges, even when the person’s actual BAC is below the legal limit.
Legal Defenses for DUI Charges Involving Mouth Alcohol
If you’ve been charged with DUI after using chewing tobacco, a skilled attorney can build a defense based on the presence of mouth alcohol.
Challenging Breath Test Accuracy
An experienced attorney may argue that the breath test results are unreliable due to mouth alcohol interference. Factors they may highlight include:
- The use of chewing tobacco before the test.
- The presence of GERD, acid reflux, or other medical conditions.
- The lack of proper observation by law enforcement before administering the test, which could allow mouth alcohol to affect results.
Questioning Testing Procedures
Breathalyzer tests require strict adherence to guidelines to ensure accurate readings. Your attorney can review whether law enforcement followed proper procedures, including observing a waiting period before the test to allow mouth alcohol to dissipate.
Exploring Alternative Explanations
Your lawyer may present evidence that challenges the assumption of intoxication, such as:
- A clean driving record and lack of visible impairment.
- Witness statements supporting that you were not under the influence.
Protecting Your Rights After a DUI Charge
Being charged with DUI due to mouth alcohol can be a frustrating and overwhelming experience. However, you have the right to defend yourself against inaccurate accusations.
Why Legal Representation Matters
DUI cases involving mouth alcohol require a nuanced understanding of breathalyzer technology and the science behind BAC testing. An experienced DUI defense attorney can:
- Investigate the circumstances of your arrest and testing.
- Identify weaknesses in the prosecution’s evidence.
- Advocate for reduced charges, dismissal, or alternative sentencing options.
Contact a DUI Defense Attorney to Fight False BAC Readings
If you’ve been charged with DUI after using chewing tobacco or suspect mouth alcohol influenced your breath test results, it’s crucial to act quickly. A knowledgeable attorney can help you navigate the complexities of your case and protect your rights.
Contact Simmons Wagner, LLP at (949) 439-5857 to schedule a free consultation. Our team has extensive experience in DUI defense and will fight to ensure you receive fair treatment under the law.