When you are pulled over and asked to provide a breath sample because the officer believes you are under the influence, it can be intimidating. However, when you provide the sample, the last thing you may expect is for it to come back detecting alcohol in your system. Though you swear you are sober, the officer can arrest you for a DUI. If this reflects your circumstances, it’s important to understand that the presence of alcohol may be due to residual mouth alcohol. The following blog explores this in more detail, including how it can impact your charges and why connecting with Houston DWI defense attorneys is crucial to fighting for justice.
What Is Residual Mouth Alcohol?
If a police officer suspects that you are driving a vehicle while under the influence of alcohol, they will likely ask you to perform a breathalyzer test. They will use a device that detects how much alcohol is in your bloodstream based on how much alcohol is in the air you breathe out into the device. However, there are many things that can skew the results of the test, like residual mouth alcohol.
Taking a breathalyzer is supposed to measure what’s known as deep lung air to get an accurate reading of someone’s Blood Alcohol Content (BAC). However, the presence of alcohol in the test taker’s mouth can impact the outcome of the results. For example, if you were on your way to a work event and used mouthwash before getting pulled over, the alcohol from the mouthwash can make your reading appear incredibly high, even if you are completely sober. This is because the device will read the concentration of residual mouth alcohol rather than the air in your lungs.
What Should I Do if Charged With a DUI?
If you are facing a DUI because you had a high concentration of mouth alcohol when performing a breathalyzer test, understanding your legal options is critical. Generally, working with an attorney can help as they may be able to illustrate that the breathalyzer was not reading deep lung air.
For example, if the officer conducting the test does not follow the protocol by observing you for 15 minutes prior to administering the test, it can impact your results. Your attorney may be able to successfully cast doubt on your guilt. Additionally, you may have a medical condition, like Gastroesophageal Reflux Disease, or certain dental procedures that can produce alcohol. Your attorney can bring in expert witnesses, like medical professionals, to speak on how this could impact the outcome of a breathalyzer test.
As you can see, there are many considerations you must make when you’re accused of driving under the influence in Texas. However, you should not have to pay the consequences for a crime in which you are innocent. If the results of your breathalyzer are skewed due to residual mouth alcohol, the team at the Gonzalez Law Group can help. Our firm will do everything possible to help you achieve the best possible outcome for your circumstances. Contact us today to learn more.
