Giving a Breath test with Gum in my mouth.
When I was pulled over for speeding, the officer smelled alcohol. He made me do 2 field sobriety tests then a field breath test. He did not tell me to spit out the gum I was chewing before I blew. He said it was positive, and took me downtown. There I waited the required 15 minutes and prepared to blow again in a table-top breathilyzer. This time they noticed the gum, and made me spit it out. However, they didn't wait another 15 minutes, they just made me blow. I blew a .15. Is this right, or could I fight it?
Asked on 1/14/01, 12:13 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Giving a Breath test with Gum in my mouth.
Chewing gum does not affect a breathalyzer test result.
Answered on 1/30/01, 11:57 am
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