Free Consultations

Mouthwash and false drunk driving accusations

| Jul 21, 2017 | Drunk Driving |

Police are not perfect, and it’s not uncommon for Colorado Springs residents to get pulled over and be accused of drunk driving when they’ve never had a drink of alcohol. In some cases, police have even been known to accuse a driver of being intoxicated after he or she did something as innocuous as swishing mouthwash.

Mouthwash? Yes, that’s right. Mouthwash, which often contains alcohol has been the cause of many false drunk driving arrests. In fact, if you swish with mouthwash you could fail a standard Breathalyzer test by giving a test result of .08 percent blood alcohol content (BAC) for as long as 10 minutes after swishing.

Imagine a scenario like this: It’s early in the morning, and the last thing you do before leaving to work is brush your teeth and use some Listerine. With your mouth feeling fresh and clean, you jump in the car to drive to work. The next thing you know, a police officer has pulled you over for speeding. Yes, you were indeed speeding, but no, you hadn’t been drinking. For some reason — maybe because you’re still tired and your eyes are bloodshot — the officer asks you to take Breathalyzer test. Because you had just used mouthwash, though, you fail the test by blowing more than .08 percent.

There are a lot more reasons than mouthwash for an inappropriate drunk driving charge. A skilled Colorado Springs DWI attorney from The Foley Law Firm will be able to identify whether your DWI charge may have been unfounded and inappropriate. Your attorney can then defend you against the charges in criminal court.

Archives

FindLaw Network

Get Legal Help Today

Call us at 719-377-4024 for a free consultation.