Updated on February 5th, 2024 at 08:51 pm

When a Wisconsin police officer pulls over a driver suspected of drunk driving, there are procedures that must be taken before an arrest.  One such procedure is the option of a breath test.  A Wisconsin officer is likely to give a Breath Test because the results are immediate.  However, many people do not realize the results of the breath test can be skewed.

What is “Mouth Alcohol”?

Mouth alcohol is considered the residual alcohol that may still be in the mouth after a person drinks.  This is the excess that stays in the mouth after ingestion.  There are other Factors that Produce Mouth Alcohol.  Certain types of mouthwash and cough syrup have trace amounts of alcohol in them, which will be perceived as Blood Alcohol Content (BAC) on a breath test.  In some instances, alcohol can get trapped in a person’s dentures.

How Mouth Alcohol Affects a Wisconsin Breath Test?

A Wisconsin police officer must observe a driver suspected of drunk driving for a period of 20 minutes prior to administering the breath test.  During this observation, the police officer will make sure the driver does not have anything in his/her mouth that could absorb alcohol, that no food or drink was ingested, and the driver did not smoke.  It is assumed that after this 20 minute observation period that any residual alcohol will not be trapped in the mouth.  If any alcohol remains in the mouth, breath test results will produce a higher BAC than the actual amount in the blood.

How do you Fight a Skewed Breath Test in Wisconsin?

The answer is simple.  You will want to hire an experienced attorney who solely practices Wisconsin DUI Defense.  Attorney Nathan J. Dineen of Vanden Heuvel & Dineen, S.C. has been trained to know and understand the proper use of breathalyzers and intoxilyzer equipment.  If you have been arrested for a Wisconsin DUI, contact Attorney Dineen at 1-800-805-1976 or Complete a Free Case Review.  You may not be able to trust breath test results, but you can trust Attorney Dineen will fight for your rights.

Nathan J. Dineen