DUI DEFENSES: Mouth Alcohol

LOS ANGELES DUI LAWYER
"Mouth alcohol" is just what it sounds like: alcohol that remains in the mouth.  DUI breath testing machines, both Preliminary Alcohol Screening (PAS) devices and stationary devices are supposed to collect air deep from your lungs (called "alveolar air").  However, "mouth alcohol" can interfere, leading to a false high BAC reading.  Breath test devices measure the amount of an alcohol metabolite in the breath, then multiply that number by 2100 to estimate the amount in the blood.  Accordingly, even small amounts of mouth alcohol can really affect the results of a breath test.  Two minutes after rinsing with Listerine, a person's BAC will read .20, more than twice the legal limit, even if the person has consumed no alcohol!

Some common causes of "mouth alcohol" include:

-Mouthwash/mouth spray
-Medicines containing alcohol
-Gastroesophogeal Reflux Disease (GERD)
-Dental work like crowns and bridges that trap alcohol
-Periodontal Disease (Gum Disease/Gingivitis)
-Bodily functions like burps, vomit, hiccups
-Hiatal Hernia (a condition in which part of the stomach sticks upward into the chest, through an opening in the diaphragm)

In breath test cases, a Los Angeles DUI attorney may be able the results into question using the "mouth alcohol" defense.  Discuss any medical conditions, dental work, or use of mouthwash or mouth spray with your attorney.  Also be sure to mention any vomiting or medications to your lawyer.  These defenses may help to account for some or all of the alcohol that the government must prove is in your blood.  Mouth alcohol can make breath tests unreliable, but it takes a knowledgeable, aggressive attorney to get that point across.

EXAMPLE:
Jerry is a former hockey player, living in Los Angeles.  Years ago, he lost several teeth and has since had significant dental work done to restore his smile.  After a workout one day, Jerry takes a shower and uses a strong, alcohol-based mouthwash before driving home from the gym.  Jerry did not ingest any of the mouth wash, but some of it was trapped in his dental work and remained in his mouth.

Jerry is pulled over for looking at his cell phone while driving out of the gym parking lot.  The LAPD officer comes up to the window and smells the alcohol in Jerry's mouth.  Jerry is asked to step out of the car and perform a series of field sobriety tests.  He agrees, even though he has a right not to perform the tests.  Sore from his workout, Jerry displays poor balance and raises more suspicion for the officer that Jerry is under the influence of alcohol.  The PAS breath test device shows a result of .08.  Jerry is arrested for DUI and issued a 30-day temporary driver's license.

Knowing that he hadn't been drinking (or using any drugs), Jerry wisely opts for a blood test.  The blood test later reveals that Jerry did not have any alcohol in his blood.  Jerry's Los Angeles DUI attorney uses the information to get the DMV hearing set aside and the case dismissed.  Strange cases like this do happen.  And if not for careful criminal defense, the fact that there has been no DUI can be overlooked and lead to a wrongful conviction.

If you have been charged with DUI, contact our office immediately for a free consultation at 323-803-4352 with a Los Angeles DUI Lawyer.  See if mouth alcohol or some of the other DUI defenses are available in your case.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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