Written by attorney Nathan J. Dineen

Attacking Wisconsin Drunk Driving Breath Tests - Mouth Alcohol

If you have been arrested for a Wisconsin Drunk Driving Charge, the arresting officer will request you to take a blood or breath test. Typically, if it is a first offense a breath test sample will be taken at a local police station. A breath test is preferred for 1st offenses because the result is immediate. After taking a breath test you will receive a printout of your Blood Alcohol Concentration. But how do you know it is accurate? Should you just trust the state? Trusting the state to be accurate is something I have an extremely hard time accepting. There are many factors that may/will influence your breath test results. These factors include proper calibration, radio frequency interference, and the potential for mouth alcohol. This guide discusses mouth alcohol, what it is, and how it can affect your breath test sample.

What is “Mouth Alcohol"?

Mouth alcohol is considered any residual alcohol that may still be in the mouth after a person drinks alcohol. This is the excess that stays in the mouth after ingestion. There are other Factors that Produce Mouth Alcohol. Certain types of mouthwash and cough syrup have trace amounts of alcohol in them, which will be perceived as Blood Alcohol Content (BAC) on a breath test. In some instances, alcohol can get trapped in a person’s dentures.

How Mouth Alcohol Affects a Wisconsin Breath Test?

A Wisconsin police officer must observe a driver suspected of drunk driving for a period of 20 minutes prior to administering the breath test. During this observation, the police officer will make sure the driver does not have anything in his/her mouth that could absorb alcohol, that no food or drink was ingested, and the driver did not smoke. It is assumed that after this 20 minute observation period that any residual alcohol will not be trapped in the mouth. If any alcohol remains in the mouth, breath test results will produce a higher BAC than the actual amount in the blood.

How do you Fight a Skewed Breath Test in Wisconsin?

The answer is simple. You will want to hire an experienced attorney who solely practices Wisconsin DUI Defense. Attorney Nathan J. Dineen has been trained to know and understand the proper use of breathalyzers and intoxilyzer equipment. If you have been arrested for a Wisconsin DUI, contact Attorney Dineen at 1-877-384-6800. Available 24/7. You may not be able to trust breath test results, but you can trust Attorney Dineen will fight for your rights.

Additional resources provided by the author

Top Rated Wisconsin DUI Attorney Nathan J. Dineen. Available 24/7. Call 1-877-384-6800 for a free consultation.

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