How often do you use mouthwash? Can you think of a time where you took cough syrup and drove within a few minutes? It may seem ridiculous that either of these things could lead to potentially serious legal consequences but it may be true. You may be one of the Californians who is shocked to learn that mouthwash and cough syrup can both cause faulty positives on breathalyzer tests.

There’s no question that drinking and driving is serious

At Law Office of Michael L. Fell, you won’t see us argue that drinking and driving isn’t a serious crime. People die as a result of doing so. That said, it’s not unheard of for people to be falsely accused of a DUI. This can not just lead to court appearances, jail time, and fines, but it can ruin a person’s reputation and personal life. People who must have professional credentials may find themselves unable to get licensed. This is a serious issue and Law Office of Michael L. Fell is here to help you.

Breathalyzers aren’t always calibrated correctly

Police frequently use a breathalyzer test to measure a person’s blood alcohol count. This test is typically administered after a person has been stopped because the police have a reason to believe the driver is intoxicated. While it is true that the police must have a reason to be suspicious, it’s also true that it doesn’t take a lot to fulfill that legal requirement.

In some cases, all the police need is a driver to say that the rear tire of a car when slightly over the yellow line. In other cases, a police officer may claim to have smelled alcohol on a person’s breath when that person walked by.

With such flimsy evidence needed to give a breathalyzer, it’s essential that what the breathalyzer says is accurate. Unfortunately, this is not always the case. It’s not uncommon for a breathalyzer to be incorrectly calibrated. If the police want it to be accurate, then they must check it regularly and have it serviced and maintained.

The sad truth is that they often don’t do this. When a device is faulty, a person can be arrested and charged with a DUI even if they aren’t guilty. The good news is that hiring a criminal defense attorney can put luck back on your side. At Law Office of Michael L. Fell, we will get the evidence we need if the calibration wasn’t correct. If we can prove it, then the court would throw out the evidence from it.

Even correctly calibrated breathalyzers can get cough syrup and mouthwash wrong

Breathalyzers can give false positives if a person has ingested anything that has alcohol, including cough syrup and mouthwash. In fact, even health conditions – like diabetes – can have such an effect on the way a person breaths that they may give inaccurate breathalyzer results.

As you can see, no DUI is a slam dunk. If you’ve been charged with a DUI and you need help, reach out to Law Office of Michael L. Fell at (949) 585-9055 for a free consultation.