Legal Question in DUI Law in Florida

Re: DUI arrest in Florida

The real deal is that it is possible that alcohol is "trapped" under the dentures and will give a false positive, mouth alcohol result or otherwise contribute to a false breath test reading.

Re: DUI arrest in Florida

I've seen attorneys use that "defense" before to no prevail. I'm assuming the logic is that when you take your dentures out and clean them, there is probably some alcohol solution involved in the cleaning process, thus creating the argument that the reason you blew over the legal limit was due to cleaning your dentures and not the alcohol you drank. However, when the police come into court and testify that you smelled like a strong odor of an alcoholic beverage and had other signs of impairment, the jury will pretty much laugh at that defense.