When stopped by law enforcement and asked to provide a breath sample due to suspicion of impairment, it can be intimidating. However, after submitting the sample, one may be surprised to discover the detection of alcohol in their system, despite maintaining sobriety. In such cases, the motorists could be subject to arrest for driving while intoxicated (DWI). Unfortunately, residual mouth alcohol can significantly impact breathalyzer test results by providing falsely high BAC readings. As such, it’s in your best interest to contact an experienced Dallas DWI Lawyer who can assess the circumstances of your case, challenge the validity of the breathalyzer test results, and advocate for your rights. 

What is Residual Mouth Alcohol?

When the police suspect a driver is operating a motor vehicle while under the influence of alcohol, they will often ask the driver to submit to a breathalyzer test. This device will detect how much alcohol is in the driver’s bloodstream based on how much alcohol is in the air the driver breathes into the device. It’s important to note that these tests are not always accurate as various factors can contribute to a false reading, including residual mouth alcohol.

The presence of mouth alcohol can skew results because breathalyzer devices are designed to measure the concentration of alcohol in the deep lung air, which reflects the alcohol content in the bloodstream. However, alcohol can remain in your mouth, even if it has not been absorbed into your bloodstream. This means the device will read the concentration of the residual mouth alcohol rather than the air in your lungs. While residual alcohol can result from the consumption of alcoholic beverages, it can also result from other sources such as:

  • Mouthwash
  • Breath sprays
  • Dental products
  • Medications
  • Dentures
  • GERD and Acid Reflux
  • Vomiting
  • Belching or burping
  • Smoking

What Should I Do if I’m Facing DWI Charges?

If you believe that you blew a false breathalyzer reading, it’s in your best interest to enlist the help of an experienced Dallas DWI lawyer as soon as possible. As mentioned above, mouth alcohol can make your BAC reading appear incredibly high, even if you are completely sober. It’s important to note that New York courts impose escalating penalties for DWI offenses based on the driver’s BAC level and other aggravating factors. Therefore, understanding your legal options is imperative.

A knowledgeable lawyer may be able to challenge the validity of the test. For instance, if the police officer administering the test doesn’t adhere to the specific protocols including observing you for at least twenty minutes before conducting the test, it can impact your results. In addition, if you burp shortly before the test it can release alcohol vapors from the stomach into the mouth, contributing to mouth alcohol, and leading to a high BAC reading.

As you can see, residual mouth alcohol can lead to unjust DWI charges. Connect with the team at Spangler Law today as we will do everything possible to help you achieve the best possible outcome given the unique circumstances of your case.