Where Mouth Alcohol DUI Questions Start
Breath testing estimates alcohol in the blood by measuring alcohol in exhaled air. Questions arise when alcohol may have come from the mouth instead of the lungs. A mouth alcohol DUI issue is a claim that something in the mouth affected the breath reading.
Possible sources include a recent drink, a burp, vomiting or a product such as mouthwash. Whether any of them mattered in a given case is a question for an expert.
The Wait Period
California’s breath testing rules address the wait period through operator training. Under subdivision (a)(3) of Title 17 section 1221.2, the required training schedule includes “Discussion of the required 15 minute wait period.” That subsection names the topic but does not itself explain the purpose of the wait.
So reviewers ask whether the operator watched the person for the full period. They also ask whether anything happened during it, such as a burp, a drink or vomiting.
Two Samples and Agreement
Each evidential breath test uses two separate samples, which must agree within 0.02 grams per 210 liters. Two close results do not rule out every problem. However, a wide gap may lead to further questions about the test.
The article on breathalyzer calibration records explains the instrument checks that sit alongside these rules.
Mouth Alcohol DUI and Dental Items
Some people wonder about dental work, braces or dentures. Those questions are medical and technical. A dentist’s records may help describe what the person had in place on the test date.
Bring those records to a lawyer instead of guessing. The lawyer can decide whether an expert should review them.
A Blood or Urine Sample Can Help
Breath equipment keeps no sample. Vehicle Code section 23614 says the person must be told this and given a chance to provide a blood or urine sample that will be kept at no cost. Either side may test that retained sample later.
When a mouth alcohol DUI concern exists, a retained sample may offer another way to check the result. The guide on DUI blood retest requests explains how that works.
What to Write Down
Write down everything the person ate or drank in the hour before the test. Also note any burping, coughing or vomiting and whether the officer saw it. Then keep the notes with the arrest papers.
Video may also show the wait period. The article on DUI camera evidence describes how footage from a station or patrol car may help confirm the timeline in a mouth alcohol DUI question.