Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Ask a DUI Attorney: Can You Really Get a DUI Due to Take Cough Syrup or Using Mouthwash?

How frequently do you use mouthwash? Can you recall a time when you took cough medicine and then drove shortly after? Even though it may appear absurd, either of these actions could have far-reaching legal repercussions. You could be one of the Californians who was surprised to find that cough medicine and mouthwash can both result in false positives on breathalyzer testing.

Read on to learn more and then contact [busies] at (949) 585-9055 to request a free legal consultation if you have been charged with a DUI.

Driving While Intoxicated Is Dangerous, There Is No Doubt About It

At Law Office of Michael L. Fell, you won’t see us arguing that drinking and driving isn’t a severe offense. Nonetheless, it is not unheard of for people to receive bogus DUI accusations. This can devastate a person's reputation and personal life in addition to resulting in court appearances, jail time, and fines. Individuals who must have professional credentials may find themselves unable to get licensed. Law Office of Michael L. Fell is here to assist you with this important matter.

Breathalyzers Aren't Usually Calibrated Appropriately

A breathalyzer test is routinely used by police to determine a person's blood alcohol content. This test is often conducted after a person has been stopped because the authorities have a reason to believe the driver is inebriated. While it is true that the police must have a reason to be suspicious, it is also true that this legal condition can be met with little effort.

In other situations, all the police require is a driver to report that the rear tire of an automobile crossed the yellow line just slightly. In other situations, a police officer can assert that they caught a whiff of alcohol coming from a passerby.

It is crucial that what the breathalyzer reports is correct because such scant proof is required to provide a breathalyzer. Regrettably, this is not always the case. It’s not uncommon for a breathalyzer to be wrongly calibrated. The cops must periodically examine it, have it repaired, and keep it maintained if they want it to be accurate.

The sad fact is that they frequently fail to achieve this. Even if a person is innocent, a flawed gadget might lead to their arrest and DUI prosecution. The good news is that hiring a criminal defense attorney can put luck back on your side. If the calibration wasn't accurate, Law Office of Michael L. Fell will obtain the proof we require. If we can show it, the court will disregard the evidence.

Even Breathalyzers That Have Been Appropriately Calibrated Can Misread Cough Medicine and Mouthwash

Breathalyzers can produce false positive results if a person has consumed anything with alcohol in it, including cough syrup and mouthwash. In fact, even health disorders – like diabetes – can have such an effect on the way a person breaths that they may yield misleading breathalyzer results.

As you can see, no DUI case is a lock. Call Law Office of Michael L. Fell at (949) 585-9055 for a free consultation if you've been accused of DUI and need assistance.