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.
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.
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.
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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.
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