Most people think a DUI charge only happens after drinking alcohol. But some everyday products, like mouthwash and energy drinks, can actually affect a breath test in surprising ways. Understanding how this works can help you protect your rights if you are ever pulled over in Colorado.
If you have been charged with a DUI in Colorado, do not wait. Call (970) 352-8611 or fill out our online contact form right away to talk about your case.
How Breath Tests Actually Work
A breathalyzer is a small device that measures the amount of alcohol in the air you breathe out. It estimates your blood alcohol content, often called BAC, based on that reading. The problem is that breathalyzers are not perfect and can be tricked by things that are not actually alcohol in your bloodstream.
Many breath test machines detect a chemical group found in alcohol, but that same chemical group also shows up in other substances. This means a breathalyzer can sometimes react to things that have nothing to do with drinking.
Why Mouthwash Can Cause a False Reading
Most mouthwash contains ethanol, which is the same type of alcohol found in beer, wine, and liquor. Right after rinsing with mouthwash, tiny amounts of that alcohol can linger in your mouth. A breathalyzer measures the air right at your lips and throat, so it may pick up this leftover alcohol.
This can cause a temporarily high reading even though the alcohol never made it into your bloodstream. The effect usually fades within 15 to 20 minutes, but that is exactly the window when many roadside stops happen.
Here are a few situations where mouthwash could affect a breath test result:
- Using mouthwash shortly before or during a drive
- Keeping mouthwash strips or gum with alcohol content in the car
- Rinsing your mouth right after being pulled over, before an officer arrives at your window
Knowing these situations matters because officers are trained to look for signs of impairment, not necessarily to ask what you used in your mouth beforehand. This is one reason breath test results are not always the full picture of what happened.
Why Energy Drinks Are Sometimes Blamed
Energy drinks themselves usually do not contain alcohol, so it may seem strange that they get mentioned alongside DUI cases. The real issue is often about behavior and body chemistry rather than the drink triggering a false reading. Caffeine and sugar can mask feelings of tiredness or impairment, which may cause a person to feel more alert than they actually are.
Some people also mix energy drinks with alcohol, which can make it harder to judge how impaired they truly are. In these cases, it is not the energy drink causing a fake reading. It is the combination of substances confusing the person's own sense of how affected they are by alcohol.
Other Common Triggers for False Positives
Mouthwash and energy drinks are not the only products that can interfere with a breath test. Several everyday items contain trace amounts of alcohol or chemicals that can confuse a breathalyzer.
- Certain cough syrups and cold medicines
- Breath sprays or strips with alcohol listed as an ingredient
- Some low-carb diets, which can produce natural chemicals similar to alcohol
- Acid reflux or GERD, which can bring stomach contents, and any lingering alcohol, back up into the mouth
A skilled Colorado criminal defense attorney can look closely at what a person consumed, their medical history, and the timing of the test to see if any of these factors played a role.
What This Means for Your Legal Rights
If you believe a false reading led to your arrest, you still have important legal rights. You have the right to remain silent beyond providing basic identification information. You also have the right to speak with an attorney before answering detailed questions about what you ate, drank, or used before driving.
It is important to remember that a breath test result is evidence, not automatic proof of guilt. Machines can be miscalibrated, improperly maintained, or used incorrectly by an officer who has not followed the right steps.
Building a Strong DUI Defense
DUI defense often starts with looking closely at how the test was given and what might have affected the result. An experienced attorney will ask specific questions about the situation surrounding your arrest.
Some of the areas a defense may examine include:
- Whether the breathalyzer was properly calibrated and maintained
- Whether the officer followed the required waiting period before testing, which is usually about 15 to 20 minutes to let the mouth alcohol clear
- Whether you used mouthwash, breath spray, or medicine shortly before the stop
- Whether any medical conditions could have affected your breath sample
- Whether the officer had a valid reason to pull you over in the first place
Each of these points can matter a great deal in a DUI defense strategy. A single overlooked detail, like an officer skipping the required waiting period, can sometimes change the outcome of a case.
Steps to Take if You Are Pulled Over
Staying calm and informed can make a real difference during a traffic stop. Here is what to keep in mind if you find yourself in this situation.
- Be polite and provide your license, registration, and insurance when asked
- Avoid volunteering extra details about your evening, meals, or medications
- Mention clearly if you used mouthwash, cough medicine, or breath spray recently
- Ask to speak with an attorney if you are asked to answer detailed questions
These steps will not guarantee a certain outcome, but they can help protect your rights while the situation unfolds.
Colorado DUI Defense With Peek Goldstone
Facing a DUI charge can feel overwhelming, especially when you believe a simple product like mouthwash may have affected your test results. A knowledgeable Colorado criminal defense attorney can review the details of your stop, the equipment used, and the timeline of events to build a thoughtful defense strategy. At Peek Goldstone, we are ready to listen to your story and walk you through your options.
Do not face a DUI charge without understanding your rights first. Reach out through our online contact form or call (970) 352-8611 to talk with our team about your situation today.