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What is Residual Mouth Alcohol?

When you are pulled over for a suspected DWI (Driving While Intoxicated) a police officer will generally administer field sobriety tests or a breathalyzer. Residual mouth alcohol can affect the results of a breathalyzer test and cause an innocent driver to be arrested for driving under the influence. Work with a Bergen County DWI attorney to discuss how you may be able to use residual mouth alcohol as an effective defense in your drunk driving case.

What is Residual Mouth Alcohol?

Residual mouth alcohol refers to the small amounts of alcohol that may remain in a person’s mouth or throat after consuming alcoholic beverages, using mouthwash, breath spray, or anything else that contains or is similar to alcohol.

What Are the Implications of Mouth Alcohol in a DWI Case?

These trace amounts linger in a person’s mouth and can impact the results of a breathalyzer test. The breathalyzer evaluates a person’s breath for alcohol to determine their blood alcohol content. Mouth alcohol can lead the breathalyzer to detect a higher concentration of alcohol than is truly present, meaning that the reading may be inaccurate.

A false positive or higher result can lead to wrongful DWI charges with potential legal and personal repercussions. If an individual is convicted based on a breathalyzer test tainted by mouth alcohol they can face fines, license suspension, and even jail time.

A DWI conviction can affect an individual’s personal relationships and professional life. Their reputation and job opportunities can be impacted negatively so a breathalyzer test based on mouth alcohol can be severely detrimental.

Can I Use Mouth Alcohol as a Defense?

Residual mouth alcohol can potentially be used as a defense in a DWI case. Its effectiveness depends on the specifics of the circumstances and how convincingly the defendant and their lawyer can argue that residual alcohol was present.

This defense may be used in the following ways.

  1. Evidence of recent alcohol consumption: If it can be shown that the driver consumed alcohol shortly before taking the breathalyzer it could support this defense. This can be tricky as it will be necessary to prove that although alcohol was consumed it was not in a high enough amount to render the individual intoxicated or impaired.
  2. Use of alcohol-based products: It may be possible to prove that the driver recently used an alcohol-based mouthwash, breath spray, or other product. Expert testimony can be utilized to demonstrate how these products may affect a breathalyzer reading.
  3. Medical conditions: Mouth alcohol can also result from certain medical conditions. Individuals with gastrointestinal reflux could argue that their condition could cause the contents of the stomach to be pushed into the windpipe or esophagus. Additionally, if the driver recently had dental surgery or suffers from a dental condition it could have caused alcohol to store itself in cavities or dental pits and present itself in the breathalyzer results.

The above defenses and more can be used and proven with medical records, video surveillance, and expert testimony. Speak with a skilled attorney to learn more about how to implement residual mouth alcohol as a DWI defense.

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