Let’s put up a fight.
Contact me today so we can start preparing strong offensive and defensive strategies for your case.
  1. Home
  2.  » 
  3. Drunk Driving Defense
  4.  » These medications could cause a positive breath test result

These medications could cause a positive breath test result

On Behalf of | May 9, 2024 | Drunk Driving Defense |

A drunk driving arrest can leave you riddled with nervousness and fear about your future. After all, depending on the facts of your case, a DUI conviction can lead to jail or prison time, license suspension or revocation, and damage to your reputation that can affect everything from your employment to your time with your children. With so much on the line, you need to craft a persuasive criminal defense strategy.

But you might feel like that’s impossible when looking at the evidence that the prosecution has against you. They might have field sobriety test and breathalyzer test results that are persuasive and hard to overcome. Yet there still might be ways to pushback against the prosecution and win your case. One way to do that is to challenge breathalyzer test results in light of the medication that you’ve been taking.

What medications can cause a positive breathalyzer test result?

A lot of people don’t realize that there are multiple medications that can result in a false-positive breathalyzer result. And if you don’t point this out to the prosecutor, judge, and jury in your case, then you could end up wrongly convicted. Here are some medications that may have impacted your breathalyzer test result:

  • Asthma medicine: Some asthma-related medications contain high amounts of alcohol, which can stay in your lungs for a significant period of time. When you breathe into a breath test machine, then residual amounts of the medication may negatively impact the outcome of the test’s results.
  • Over the counter medication: Several of these easily accessible medications, such as Nyquil, Vicks, and their generic equivalents, contain alcohol that can be picked up in a breathalyzer test. Even cough drops can affect your breath test results.
  • Mouthwash: Several mouthwashes contain high alcohol concentrations to kill germs in the mouth. But the residual amount of alcohol that’s left in your mouth after using mouthwash can skew the results of a breath test.
  • Oral gels: Many oral gels aimed at treating canker sores and toothaches contain elevated amounts of alcohol to numb the pain you’re experiencing. But that alcohol content can be picked up on your breath test, leading to an artificially inflated result.
  • Products related to dental work: If you recently went to the dentist, then there may be alcohol-based products, such as cleaners, medication, and antiseptics left in your mouth. Again, because they contain alcohol, they can create unreliable breath test results.

There might be other medications that you’re taking that impact breath test results. That’s why if you gave a positive breath test that resulted in your arrest, then you need to think about whether your medication played a part. If it did, then you might be able to point that fact out and obtain dismissed drunk driving charges or an acquittal.

Don’t give up in your drunk driving case

The penalties that you could face upon conviction for a drunk driving offense are significant, posing the potential for long-term effects. That’s why you need to do everything you can to aggressively advocate for yourself. Only then can you rest assured that you’ve done everything possible to protect your freedom and your future.

So, even if the evidence in your drunk driving case seems unbeatable, carefully consider your criminal defense options to see if there’s a way to block or otherwise diminish the power of the prosecution’s evidence. Hopefully then you can find a path forward that gives you a shot at reclaiming your life.