The Effect Of Dentures On DUI Breath Testing

May 24, 2021
DWI/DUI

Introduction

Welcome to The Skiendziul Law Firm, where we provide comprehensive legal assistance in Law and Government - Legal matters. In this article, we will explore the effect of dentures on DUI breath testing and its potential impact on legal proceedings.

Understanding DUI Breath Testing

DUI breath testing is a commonly used method to determine the blood alcohol concentration (BAC) of individuals suspected of driving under the influence. It involves the use of a breathalyzer device to measure the amount of alcohol present in a person's breath.

The Role of Dentures

For individuals who wear dentures, it is important to consider the potential impact on DUI breath testing. Dentures, which are removable artificial teeth, can affect the accuracy of breathalyzer readings due to various factors.

1. Denture Fit and Alcohol Trapping

The fit of dentures plays a significant role in the accuracy of breathalyzer test results. Ill-fitting dentures can create gaps and crevices that trap alcohol molecules, leading to potentially higher BAC readings. It is crucial for individuals wearing dentures to ensure they fit properly to avoid any misinterpretation of breath test results.

2. Residual Alcohol in Dentures

Another factor to consider is the presence of residual alcohol in dentures. Dentures that have come into contact with alcoholic beverages may retain traces of alcohol, which can be detected during breath testing. This residual alcohol can falsely elevate the BAC reading, potentially leading to erroneous DUI charges.

3. Saliva Production and Breath Sampling

Dentures can also impact saliva production, which plays a crucial role in breathalyzer testing. Saliva helps to dilute alcohol in the mouth, reducing its concentration in the breath sample. However, dentures may reduce saliva production, leading to higher BAC readings. It is essential to consider this factor when undergoing breath testing with dentures.

Legal Implications and Defenses

The effect of dentures on DUI breath testing can have significant legal implications. An inaccurate breathalyzer reading due to dentures could lead to wrongful DUI charges, affecting an individual's driving privileges, reputation, and potentially resulting in severe penalties. However, it is crucial to consult with an experienced attorney to explore potential defenses.

1. Challenging Breath Test Results

If you believe that dentures have affected the accuracy of your breathalyzer test results, your attorney can help you challenge the evidence presented against you. This may involve questioning the calibration and maintenance of the breathalyzer device, as well as providing expert testimony to support the impact of dentures on the BAC reading.

2. Providing Supporting Evidence

Documentation of denture fit issues or obtaining statements from dental professionals can serve as supporting evidence for your defense. Demonstrating that your dentures were ill-fitting or contained residual alcohol can strengthen your case and cast doubt on the validity of the breathalyzer results.

3. Exploring Alternative DUI Defense Strategies

Alongside the effect of dentures on breath testing, your attorney can explore other viable defenses based on the specific circumstances of your case. These may include challenging the initial traffic stop, questioning the administration of field sobriety tests, or alleging violations of your constitutional rights.

Conclusion

The effect of dentures on DUI breath testing is an important consideration for individuals facing DUI charges. The Skiendziul Law Firm is dedicated to providing expert legal assistance, leveraging our deep understanding of Law and Government - Legal matters. If you believe that dentures have impacted your breathalyzer test results, reach out to us for comprehensive support and effective defense strategies.

Dave Eells
Helpful and informative article! ?
Nov 12, 2023
Chi-Hsiang Lo
Interesting and informative article!
Nov 8, 2023