Legal Question in DUI Law in California
Affects of mouthwash and and asthma inhalers within 1 hour of breath test
i was stopped, allegedly for speeding, after having just brushed and gargled with listerine (original flavor) and taking 2 puffs from my albuterol inhaler.
the officer was notified, shown the bottle of mouthwash and inhaler, and said that it would have 'NO' effect on the result. i blew a .08
could it have affected the results?
2 Answers from Attorneys
Re: Affects of mouthwash and and asthma inhalers within 1 hour of breath test
The law libraries have lots of books on drunk driving defenses. You did not state whether you had drunk any alcohol. The various combinations could have been a factor. You probably need to do some chemical analysis of the various combinations. The short answer is that the things you injested could have caused you to blow a .08. Read the label on the mouthwash. Most hospitals take mouthwash away from alcoholics when they admit them to be dried out.
Re: Affects of mouthwash and and asthma inhalers within 1 hour of breath test
Yes it certainly could have. I recommend you defend yourself vigoursly on the charge.
Thank you for asking and good luck.
Martin
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
