Before the police can arrest you for drunk driving, they have to have probable cause that you committed a criminal offense. That sounds simple enough, but the fact of the matter is that the police make wrongful arrests all the time.
While in some instances law enforcement officers intentionally act in a way that’s contrary to the law, in other instances they simply misinterpret the evidence. In a drunk driving case, the latter can happen when the police fail to take your medication into consideration.
Medication that can lead to a false-positive breath test result
Police officers and prosecutors rely heavy handedly on breath test results to obtain drunk driving convictions. Yet, the following medications may skew breath test results and provide a false-positive reading:
- Some asthma inhalers
- Cold medications that contain alcohol
- Alcohol-based oral gels used to alleviate toothaches and pain associated with canker sores
- Medications and antiseptics used during dental work
- Mouthwashes
There are also several medical conditions that can lead to a false-positive reading on the breath test. This includes gastrointestinal disorders and diabetes.
Do you think that your breath test reading was faulty?
If so, then be prepared to raise the issue in court. You might need an expert witness to help lay out your argument, but if you’re successful, then you might be able to prevent the prosecution from using breath test evidence against you, or you could diminish the result’s reliability enough that prosecutor’s drop their case.
Therefore, you shouldn’t give up on your criminal defense simply because you’ve been arrested. Instead, carefully think through your drunk driving defense options to see if you have a strong way to effectively push back against the prosecution’s allegations and protect your future.