Most people stopped and arrested for DUI justifiably worry about their future, liberty and driving privileges. While it is common to ask drivers to submit to a breath test to determine the driver’s blood alcohol concentration (BAC), these results can be compromised by the presence of “mouth alcohol.” While some motorists in Kansas are familiar with the term “Mouth Alcohol Defense,” they may have questions about whether it is really an effective way to avoid a driving under the influence (DUI) conviction in Sedgwick County. The presence of mouth alcohol can undeniably be an effective defense in Kansas DUI cases.
While the police officer is supposed to allow for a waiting period of twenty minutes before conducting a breath test to mitigate the risk of mouth alcohol issues, the officer is supposed to closely observe a motorist during this period. The observation period is designed to ensure that nothing is ingested that may compromise breath testing results. The officer also is expected to closely observe the driver so that the officer will be able to determine whether a burp, regurgitation or other similar type of incident may cause alcohol that has not been metabolized to become present in the driver’s mouth.
Although officers are expected to carefully monitor drivers during this period, it is very common for officers to become distracted and focus on paperwork or other matters. The failure of the officer to properly monitor a DUI suspect during the observation period can be a crucial flaw that compromises the reliability of DUI BAC breath test results. There are many sources of mouth alcohol that can contaminate a breath test like mouthwash, cough syrup, small amounts of alcohol consumed just before driving and other sources, but there are other sources of mouth alcohol that a simple delay will not allow to dissipate, such as:
- GERD (acid reflux)
- Burping or belching
- Alcohol trapped in dental work
- Vomiting
- Regurgitation
- Heartburn
If the officer is distracted, he may not notice when a driver belches alcohol back into his mouth. Even if the officer is paying attention during the waiting period, the officer may not know that a driver suffers from GERD. The presence of mouth alcohol is extremely important in a DUI case because breath testing devices are calibrated to determine the volume of alcohol in one’s blood based on metabolized alcohol in the breath of the deep lungs (referred to as “Alveolar Breath”). When alcohol from the mouth is mixed into the breath sample, this can result is a significantly higher BAC level.
If you are charged with DUI based in part on a breathalyzer test result of .08 percent or above, experienced Sedgwick County criminal defense attorney Bill Cummings provides diligent defense to protect his clients from the harsh penalties of a drunken driving conviction. We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can help.