Which Medical Conditions Are Most Likely To Lead To A False DUI Arrest?

Police officers diagnose drunk drivers based on various observations. Bleary or bloodshot eyes, the smell of alcohol, and more can lead an officer to believe that you are driving under the influence of alcohol. At this point, they’ll have you perform various field sobriety tests to get probable cause for an arrest. However, you may have a valid reason why your eyes are bloodshot and glassy. You may have a good reason why you can’t stand on one leg. But the police likely won’t give you the benefit of the doubt. They’ll just assume you’re drunk and proceed accordingly. That’s when your DUI defense lawyer steps in. In this article, the Bel Air, MD DUI defense attorneys at Schlaich & Thompson, Chartered, will discuss how certain medical conditions can lead to false positives when it comes to DUI.

Asthma 

Asthma itself doesn’t lead to false positives, but the medication you take for asthma can trick breathalyzers into believing you’re drunker than you actually are. Inhalers containing albuterol, salmeterol, and budesonide can cause false positives in breathalyzer tests. These medications, in particular, can leave residual alcohol-like compounds in the mouth, which a breathalyzer can mistakenly read as alcohol. If you used your inhaler shortly before you were tested, this could skew your results.

A cold 

Over-the-counter medications like Nyquil, alcohol-containing cough drops, and some Vicks products actually contain alcohol. If you recently took an over-the-counter anti-cold medication, the breathalyzer will pick up on the alcohol and produce a false positive.

Tooth aches 

Oral gels like Anbesol contain anesthetics that interfere with the breathalyzer’s readings. Such products, used primarily for mouth sores, can produce trace amounts of substances that mimic alcohol.

Halitosis 

Breath fresheners such as mouthwash and breath sprays generally contain significant amounts of alcohol. However, you’re not supposed to drink the mouthwash. Nonetheless, it can leave trace amounts of alcohol on your breath, leading to inflated scores.

Diabetes and low-carb diets 

Diabetes can also affect a breathalyzer test. Diabetic individuals produce ketones when their blood sugar is high. Ketones are chemically similar to alcohol, and the breathalyzer doesn’t know the difference. These can lead to false positives and inflated test scores.

Acid reflux 

Gastroesophageal acid reflux can also cause false positives on a breathalyzer test. Alcohol in your stomach is expelled into your mouth, causing the breathalyzer test to falsely inflate your test score.

Fermented foods 

Eating food like kimchi, sauerkraut, soy sauce, and certain baked goods can lead to false positives on a breathalyzer test. These foods tend to produce trace amounts of alcohol in the mouth after they are consumed, which could be detected as alcohol by the breathalyzer.

Talk to a Bel Air, MD DUI Lawyer Today 

If you’ve been arrested and charged with DUI, a strong legal defense can save you from the consequences of being convicted. Call the Bel Air criminal defense lawyers at Schlaich & Thompson, Chartered, today to schedule an appointment, and we can begin discussing your defense right away.