Legal Question in DUI Law in Minnesota

Re: dwi

I have not heard of that happening before, but I am not an expert on the Intoxilyzer and how it measures BAC. There are expert witnesses who testify about the Intoxilyzer and any defects with its operation, but those are experts, not lawyers.

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Re: dwi

If a person had chewing tobacco in their mouth, which was laden with alcohol, at the time of blowing into a breath-alcohol machine, this could result in "mouth alcohol" and cause a false positive indication on the machine. Police are trained to ask about "anything in your mouth," and visually check mouth, prior to an "evidentiary" breath-alcohol machine sample.

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Re: dwi

Anything that soaks up alcohol and remains in the mouth during a breath test may influence the result. That is why the officer is required to check the person's mouth before the test ioccurs. Tobacco may certainly absorb alcohol. The result may be that, in breathing into a breath testing apparatus, the machinery is reading the mouth alcohol stored in the tobbacco, rather than deep lung air which allows a determination of blood alcohol.

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