When a person consults a drunk driving lawyer around Wisconsin to learn about the options regarding their charges, the attorney will ask questions about the breath test results. The tests can be inaccurate in some instances, and may show a higher blood alcohol content (BAC) than the driver actually had.
Gastro-esophageal Reflux Disease
Someone who has been diagnosed with gastro-esophageal reflux disease, also known as GERD, may be able to use this in their defense. Acid reflux can cause higher BAC readings in a breath test due to a faulty valve at the bottom of the esophagus that allows gastric acid and gases to splash up into the throat or mouth.. A drunk driving lawyer around Wisconsin may be able to convince the prosecution to drop or reduce the charges if GERD is a factor.
Use of Alcohol-Containing Mouthwash
Someone may have decided to use mouthwash after drinking alcohol to mask the odor. A strong scent of mouthwash may create suspicion in police officers who stop someone for the suspicion of driving under the influence. If the product contains alcohol, it can have the unintended consequence of making the BAC reading higher. This is true even if none was swallowed and did not increase intoxication.
Anyone who believes their breath test was inaccurate because of factors such as these may contact QBS Law S.C. for a consultation.
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