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Twin Cities DUI Arrest Did Mouth Alcohol Artificially Inflate Your Breath Test Results?


One little known fact is that your Twin Cities DUI arrest can be invalidated if your breath test (DataMaster or Intoxilyzer) results are caused by “mouth alcohol.” According to the Twin Cities, Minnesota DUI law, the results of a breath test can be used as evidence against you. The law provides a number of challenges that can be explored to help get the charges against you reduced (or dropped).

“Mouth alcohol” is a term used to refer to alcohol that may be present in your esophagus or mouth at the time of your Twin Cities DUI arrest. As a result of this alcohol, your DataMaster/Intoxilyzer results may falsely test high.

There are a number of factors that can cause “mouth alcohol” to be present at the time of your arrest. These include symptoms caused by:

  • GERD (Gastro-Esophageal Reflux condition)
  • Atkins or other low-carbohydrate diet
  • Belching
  • Burping
  • Hiccupping
  • Vomiting
  • Blood in the mouth

If any of these occur within twenty minutes prior to your Twin Cities DUI arrest, your readings may be inaccurate.

Armed with this knowledge and working within the confines of the Twin Cities, Minnesota DUI law, your DWI attorney can create a strong case, tipping the odds in your favor. Don’t risk your license and your freedom to an inexperienced attorney – hire one with experience and an understanding of the law that can really help you. For a free case evaluation, call me today at 1-612-334-3342.

Douglas V. Hazelton has been practicing Twin Cities, Minnesota DUI law for more than 20 years. The focus of his practice is criminal law, with alcohol-related offenses --- such as a Twin Cities DUI arrest --- being his prime area of concentration. Hazelton has lectured to national audiences regarding DWI related topics and has published numerous books and articles on the subject.

Don’t risk your driving freedom! Get the assistance of a DUI / DWI attorney experienced in the Minnesota DUI law. Hire an attorney who will get the job done right by calling Doug V. Hazelton at 1-612-334-3342.

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