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Can a tongue piercing effect a breathalyzer?

Portsmouth, NH |

I have a tongue piercing that has both plastic and metal parts. I soak them in listerene (which has alcohol in it) before changing it. I blew a .11 on a breathalyzer after having a mixed drink however I changed my piercing a few hours prior. Could that have effected it?

Attorney Answers 8

  1. Doubtful. Consult with a criminal law attorney

  2. I added a few tags to get you answers form dui attorneys who know the science. I do know that some time is needed to clear mouth alcohol, but you will get your best answers from dui attorneys who handle and deal with this.

  3. Depends on a lot of factors but the short answer is- its possible. You should contact an experienced DWI / DUI attorney and discuss it further. Good luck.

  4. My sense is that it can have no noticeable effect.

  5. You would need to talk to an expert in DUI tests. A criminal lawyer might know who to ask or you can track such a person yourself.

    Good luck.

  6. Your .11 breathalyzer is .03 over the legal limit for a DWI stop in New Hampshire. By speculation on my part only it is difficult to believe that the .03 difference could be attributed to the alcohol in Listerine from a few hours prior. However, many factors go into the determination as to whether a DWI case is triable not the least of which include observations of operation by law enforcement, field sobriety testing and many others. Many of us believe the breathalyzer itself is based on junk science and does not relate reliably to actual blood alcohol. But, bringing that issue before a jury, as well as the alcohol-in-the-tongue-ring-mouthwash defense will require retaining a toxicologist willing to testify. Consult with a DWI attorney in the NH seacoast region and best wishes.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

  7. I sincerely doubt that your piercing would affect your breathalyzer test. I suggest that you retain criminal defense counsel if you wish to defend against this charge.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

  8. Unlikely. Retain a local DUI lawyer to investigate

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