“Mouth alcohol” is exactly that – alcohol that is trapped in the mouth. Why is this important you ask? Because if you have alcohol that is trapped in your mouth…and you submit to a DUI breath test…there is a good chance that your blood alcohol level “BAC” will read much higher than it actually should. As a result, mouth alcohol is a great DUI defense.
There are a variety of circumstances that produce mouth alcohol, some of which are much more obvious than others. For example, physical conditions such as GERD, acid reflux and heartburn bring up acids into the mouth. It’s no surprise that if someone consumes alcohol…and then suffers from one of these conditions…he/she will have a mouth alcohol situation.
Some less obvious conditions that could produce mouth alcohol…and a subsequent falsely high BAC…include dental work, cosmetic teeth-straightening devices and teeth that are too close together. If alcohol-soaked food gets trapped in between your teeth or in a dental device, the alcohol will linger in the mouth. And if that alcohol is still lingering at the time you submit to a breath test, it will register much stronger on a breath testing instrument than the amount of alcohol that is actually in your blood stream. In this way, mouth alcohol tricks the breath testing machine into thinking you have a higher BAC than you do.
If you have been arrested for driving under the influence in California, be sure to discuss mouth alcohol with your California DUI defense attorney.
