Can Chewing Tobacco affect a Breathalyzer test?

I put in a chew and got pulled over 2 minutes later. 15 min. after i blew a .13 with the chew still in my mouth. I feel i wasn't drunk and passed the field sobriety tests. What do you think? Thanks.

Sacramento, CA -

Attorney Answers (5)

Evelyn Ann Cox

Evelyn Ann Cox

Criminal Defense Attorney - Sacramento, CA
Answered

The officer should have asked you if you had anything in your mouth before he let the 15 minutes pass. Can you prove you had the chew in your mouth? Its not a good test if you had something in your mouth.

Michael Carter Lukehart

Michael Carter Lukehart

Criminal Defense Attorney - Bakersfield, CA
Answered

Something here rings false. You should only take a breathalyzer with an empty mouth. If instructions are followed, it would be pretty obvious that something was there.

Marc Steven Applbaum

Marc Steven Applbaum

Criminal Defense Attorney - San Diego, CA
Answered

If you performed the chemical test or preliminary alcohol screen test with any foreign object in your mouth then the results of those tests come into question. While the chewing tobacco by itself might not contain alcohol, the longer it remains in your mouth would potentially allow any mouth alcohol to become absorbed in the tobacco, thereby compromising the integrity of any breath alcohol result. Further, the officer was not in compliance with essential standards if in fact you performed any test with tobacco in your mouth.

Ted Harvatin

Ted Harvatin

DUI / DWI Attorney - Springfield, IL
Answered

It can

Levon B. Kevorkian

Levon B. Kevorkian

DUI / DWI Attorney - Pasadena, CA
Answered

For a complete answer we will need more facts. Blowing into the breath machine while having chewing tobacco in your mouth can potentially affect the results, but we need to compare the in field breath results with the station chemical test results that I assume you blew into after you were arrested (unless you refused or you chose blood). You will need to compare the results between the breathalyzer and the chemical test to see if there was any inconsistency. Also there is a mouth alcohol reader on the chemical test at the station (usually) so you have to consider that too. This is not meant to be legal advice, I am not your lawyer, you should consult with an attorney.

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