After a night out, a police officer pulls you over, and you know you might not pass a breathalyzer test. You quickly reach for your trusty mouthwash, hoping it will mask the evidence. Unfortunately, this common misconception could actually hurt your case more than it helps.
Mouthwash cannot skew breathalyzer results
While it is true that some mouthwashes contain alcohol, using them is often not a viable defense in a DUI case. Here’s why:
- Short-lived effects: Mouthwash can affect a breathalyzer test, but only briefly. The alcohol in mouthwash evaporates quickly. Police officers often wait a few minutes before testing to ensure accuracy.
- Scientific accuracy: Modern breathalyzers are sophisticated. They can differentiate between mouth alcohol and alcohol from your lungs, which reflects actual blood alcohol content (BAC).
- Police officers are trained to identify alcohol consumption: Officers look for physical signs such as slurred speech, bloodshot eyes and the smell of alcohol, which linger longer than the scent of mouthwash.
Illinois has strict DUI laws. A BAC of .08% or higher is sufficient grounds for a DUI conviction. Claiming mouthwash as a defense without substantial evidence is unlikely to convince a judge or jury.
A DUI conviction may carry penalties such as up to one year in jail, a $2,500 fine, a one-year driver’s license suspension and the required installation of an ignition interlock device in your vehicle.
Seeking legal help is the more effective option
Attempting to deceive law enforcement with tricks such as using mouthwash will only make your situation worse. Instead, it is best to exercise your right to remain silent and contact an attorney as soon as possible. A DUI charge is a serious matter, but with the right legal assistance, you can strive for the most favorable outcome in your case.