Legal Question in DUI Law in California

Alcoholic Mouthwash

Is it a good idea to submit to a breathalyzer if a driver believes they are pretty well sober, but finished swishing with listerine etc. less than hour before traffic stop. Would it be wise to tell a cop that you recently finished swishing with mouthwash in order to allay his suspicions over your refusal to take his breath test--as a defensive tactic explaining away high breath test results.


Asked on 6/28/07, 4:40 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Alcoholic Mouthwash

Refusing to take the blood alcohol test will result in the revocation of your license. My experience is that the breath test is lower than a blood test. The theory is that within 15 minutes the alcohol in mouth wash, belching etc is gone from the mouth and will have no affect on the test.

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Answered on 7/08/07, 10:24 pm


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