How Mouth Alcohol Can Affect Breathalyzer Results and Your Rights Under Florida Law

When facing a DUI charge in Florida, one of the most common pieces of evidence presented by the prosecution is the result of a breathalyzer test. However, what many people don’t realize is that these tests are not foolproof. One factor that can significantly impact breathalyzer results is mouth alcohol contamination. Understanding how mouth alcohol can lead to false readings is crucial, especially if you’re fighting a DUI charge.

As an experienced DUI defense lawyer in Florida, I’ve seen how breathalyzer test results can be challenged based on the issue of mouth alcohol contamination. In this article, I’ll discuss how mouth alcohol affects breathalyzer readings, the science behind it, and how this defense can be used to protect your rights in a Florida DUI trial.

What Is Mouth Alcohol Contamination?

Mouth alcohol contamination occurs when alcohol is present in the mouth, throat, or esophagus at the time of a breath test, leading to artificially high readings on a breathalyzer. This differs from alcohol absorbed into the bloodstream, which is what a breathalyzer is supposed to measure. Because breathalyzer machines are designed to estimate blood alcohol concentration (BAC) based on deep lung air, the presence of mouth alcohol can skew the results.

For example, if someone burps, regurgitates, or recently used an alcohol-based mouthwash, the residual alcohol can remain in the mouth and be picked up by the breathalyzer, leading to a falsely elevated BAC reading. This can result in a DUI charge, even if the actual blood alcohol level is below Florida's legal limit of 0.08%.

How Florida Law Addresses DUI Charges

Under Florida Statutes Section 316.193, a person is guilty of DUI if they drive or are in actual physical control of a vehicle while under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties are impaired, or if they have a BAC of 0.08% or higher.

Florida’s DUI laws are strict, and the penalties can be severe, even for a first-time offender. A conviction can lead to fines, jail time, probation, license suspension, and the installation of an ignition interlock device. For repeat offenders or cases involving high BAC levels or accidents, the consequences are even more severe.

Given the potential impact on your life, it's essential to challenge breathalyzer evidence when it may be inaccurate, and mouth alcohol contamination is a valid basis for doing so.

How Breathalyzers Work and the Issue of Mouth Alcohol

Breathalyzer machines are designed to measure the alcohol content in the deep lung air, also known as "alveolar air," which provides an estimate of the BAC. The device calculates the amount of alcohol in your breath and uses a ratio to convert that to a BAC reading. In Florida, law enforcement officers typically use devices such as the Intoxilyzer 8000 to conduct breath tests.

The problem with breathalyzers is that they cannot distinguish between alcohol from deep lung air and alcohol that’s present in the mouth or throat. If mouth alcohol contamination is present, the machine registers a higher BAC than what’s truly in your bloodstream. This means that an individual who is not actually over the legal limit can end up being charged with a DUI based on an inaccurate breath test.

Common Causes of Mouth Alcohol Contamination

Several factors can contribute to mouth alcohol contamination, including:

  1. Burping or Regurgitation: If a person burps, belches, or experiences acid reflux before taking a breathalyzer test, alcohol from the stomach can be pushed into the mouth and throat, affecting the breath test results.

  2. Recent Alcohol Consumption: Drinking alcohol shortly before being pulled over can result in residual alcohol remaining in the mouth. This residual alcohol can take time to be fully absorbed into the bloodstream, leading to false BAC readings.

  3. Mouthwash or Breath Fresheners: Many mouthwashes and breath sprays contain high levels of alcohol. Using these products before a breath test can cause the machine to register a higher BAC than your actual level.

  4. Dental Work: Individuals with dental work, such as braces, retainers, or dentures, may have alcohol trapped in the crevices of their mouth, which can lead to false breathalyzer readings.

  5. Certain Medical Conditions: Conditions like gastroesophageal reflux disease (GERD) can cause alcohol to move from the stomach into the mouth, resulting in mouth alcohol contamination.

The Importance of the 20-Minute Observation Period

Florida law enforcement officers are required to observe a DUI suspect for at least 20 minutes before administering a breathalyzer test to minimize the risk of mouth alcohol contamination. This observation period ensures that the individual does not eat, drink, burp, vomit, or regurgitate, which could affect the accuracy of the breath test.

However, in many cases, officers may fail to adhere to this observation period or may not properly monitor the suspect, leading to the possibility of inaccurate test results. If your defense attorney can prove that the officer did not follow the mandatory 20-minute observation period, the breathalyzer results could be challenged or even deemed inadmissible in court.

Using Mouth Alcohol Contamination as a Defense

When facing a DUI charge in Florida, demonstrating that mouth alcohol contamination affected your breathalyzer results can be a powerful defense. Here’s how this defense can be used:

  1. Challenging the Accuracy of the Breath Test: By presenting evidence of mouth alcohol contamination, your attorney can argue that the breathalyzer results do not accurately reflect your true BAC. This can raise doubt about whether you were legally impaired at the time of your arrest.

  2. Questioning the Officer’s Compliance with Procedures: If law enforcement did not follow the 20-minute observation period or failed to administer the test correctly, this can be grounds to challenge the breath test results. Your attorney may be able to demonstrate that the officer’s failure to comply with proper procedures led to inaccurate results.

  3. Introducing Expert Testimony: An experienced DUI defense attorney can bring in expert witnesses, such as toxicologists or forensic scientists, to explain the science behind mouth alcohol contamination and how it may have impacted your test results. This expert testimony can be crucial in convincing a judge or jury that the breathalyzer results are unreliable.

How Hiring a Private Attorney Makes a Difference

Facing a DUI charge can be overwhelming, and having a private attorney on your side can make a significant difference in the outcome of your case. Here’s why hiring a private attorney can be advantageous:

  • Personalized Attention: A private attorney can dedicate the time needed to thoroughly investigate your case, gather evidence, and identify weaknesses in the prosecution’s argument.

  • Experience with DUI Cases: Private attorneys often have extensive experience handling DUI cases and understand the nuances of Florida’s DUI laws. They know how to challenge breathalyzer evidence effectively, including cases involving mouth alcohol contamination.

  • Access to Resources: A private attorney has access to resources such as expert witnesses who can provide valuable testimony in your defense. They can work with toxicologists, forensic experts, and other specialists to build a strong case.

  • Negotiating Skills: A private attorney can negotiate with the prosecution to reduce charges, seek a plea deal, or even get the case dismissed. They will work to mitigate the impact of the DUI charge on your life, aiming to protect your driving privileges, avoid jail time, and minimize fines.

  • Protecting Your Record: A DUI conviction can have long-term consequences on your criminal record, employment opportunities, and driving privileges. A private attorney will focus on achieving the best possible outcome to help you avoid or minimize these consequences.

Seeking Legal Help for a DUI Charge

If you’re facing a DUI charge in Florida and believe mouth alcohol contamination affected your breathalyzer results, it’s essential to act quickly. Hiring an experienced DUI defense attorney can be the key to building a strong defense, protecting your rights, and minimizing the impact of the charges on your life.

Florida DUI Test FAQs

How can I prove that mouth alcohol contamination affected my breathalyzer results?

To prove that mouth alcohol contamination affected your breathalyzer results, your attorney may present evidence such as medical records, expert testimony, or witness statements. They may also challenge the accuracy of the breath test by questioning whether the officer followed the 20-minute observation period or by demonstrating that you had a legitimate reason for mouth alcohol contamination, such as using mouthwash or suffering from a medical condition like GERD.

Can mouth alcohol contamination alone get my DUI charges dismissed?

While mouth alcohol contamination can be a strong defense, it is not guaranteed to result in a dismissal. It depends on the strength of the evidence, the circumstances of your arrest, and how effectively your attorney presents the argument. In many cases, demonstrating mouth alcohol contamination can lead to reduced charges, a plea deal, or a more favorable outcome.

What should I do if I burped or used mouthwash before taking a breathalyzer test?

If you burped or used mouthwash before taking a breathalyzer test, inform your attorney immediately. This information can be crucial in building a defense based on mouth alcohol contamination. Your attorney can use this detail to challenge the accuracy of the breath test and raise doubts about whether the results accurately reflect your BAC.

Can medical conditions like acid reflux affect breathalyzer results?

Yes, medical conditions such as acid reflux or gastroesophageal reflux disease (GERD) can cause alcohol from the stomach to rise into the mouth, leading to mouth alcohol contamination. If you have a medical condition that could have affected your breath test, your attorney can present this information as part of your defense.

Is it worth hiring a private attorney for a DUI case?

Yes, hiring a private attorney for a DUI case is worth it, especially if you want the best chance of beating the charge, reducing penalties, or protecting your record. A private attorney can dedicate more time to your case, provide personalized attention, and have the experience needed to challenge breathalyzer evidence effectively.

Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation

If you or a loved one has been charged with DUI in Florida, you need an experienced attorney who can fight for your rights. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced Florida DUI defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.