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Why mouth alcohol could help your DUI defense

If you have been accused of driving under the influence of alcohol after performing a Breathalyzer test, it is important that you understand your defense options in South Carolina. Breathalyzer tests are notoriously inaccurate because they measure the contents of the breath to estimate the blood alcohol concentration (BAC). This means that many variables in the breath can influence the results of the test, and, consequently, produce false positive results.

You should make sure that you consider all possibilities when building your DUI defense. If you are convinced that you did not drink enough alcohol to have a BAC over the legal limit of 0.08%, it is vital that you look into all defense options. The following are some common ways that mouth alcohol can produce false positive Breathalyzer test results.


Those who suffer from diabetes can have acetone levels that can possibly be thousands of times higher than the average person. Breathalyzer tests are not made to distinguish between acetone and ethyl alcohol. This means that diabetics may be wrongly charged with being under the influence of alcohol.

Gastroesophageal reflux disease (GERD)

Those who suffer from GERD can experience the uncomfortable reflux of stomach acid rising up the esophagus. This can lead to previously digested alcohol rising into to the mouth, which can cause the Breathalyzer test to record an inflated reading.

Dental treatments

If you are driving home from the dentist and are pulled over by law enforcement officers, you would be surprised to gain a positive result from performing a Breathalyzer test. However, there could be a simple explanation for this.

Dentists use different chemicals when treating your mouth, and alcohol is often used. This means that there will likely be residual alcohol in your mouth when you are driving home. Sometimes, this can be enough to produce a false positive Breathalyzer test result. It is vital that you aggressively defend yourself so that you do not face legal consequences.

If you believe that dental treatment or a medical condition caused a false positive Breathalyzer test result, it is important that you take immediate action to get justice. By not taking action, you will needlessly face legal implications.

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