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Driving down I-10 or through the quiet streets of Redlands should not end in handcuffs because of a biological fluke. Many drivers in San Bernardino County assume that if a breathalyzer shows a reading above 0.08%, the case is closed, a dangerous misconception. The technology used by local law enforcement does not actually measure blood alcohol. It measures vapor; that vapor can be easily contaminated by something as simple as a burp, acid reflux, or a recent sip of a drink.
The Science Of Breath Testing In California
California breath testing relies on a specific ratio. The machine assumes that for every unit of alcohol in your breath, there is a predictable amount in your blood, which is known as the partition ratio. For this math to work, the machine must analyze air from the alveolar region of the lungs. This air has been in contact with the blood long enough to exchange gases.
The problem arises when the machine detects alcohol from the mouth, throat, or stomach instead of the lungs. These machines are not as discerning as the police would like you to believe. If you have residual alcohol in your oral cavity, the concentration will be significantly higher than what is in your blood. The machine sees this concentrated vapor and produces a “high” reading that does not reflect your actual level of impairment.
How Mouth Alcohol Tricks The Machine
Residual alcohol can linger in the mouth for several reasons. If you consumed a drink shortly before being pulled over near the Redlands Bowl, the liquid remains in the mucosal linings of your mouth. Even if you are completely sober, that small amount of liquid will evaporate into the breath tube.
Because the machine is calibrated to multiply the breath sample by 2,100 to estimate blood alcohol, a tiny droplet of alcohol in the mouth is multiplied exponentially, which creates a false positive. Under California Code of Regulations Title 17, Section 1219.3, officers must observe a subject for at least 15 continuous minutes before a test. This wait time is designed to allow mouth alcohol to dissipate. But if an officer is distracted or rushing the process on a busy San Bernardino night, they may miss the signs of contamination.
The Burp Factor And GERD
A burp is more than just a social faux pas during a traffic stop. It is a legal defense. When you burp, or even if you have a “silent” hiccup, you bring gases from the stomach up into the esophagus and mouth. If there is any undigested alcohol in your stomach, that gas is saturated with it.
People suffering from Gastroesophageal Reflux Disease (GERD), acid reflux, or heartburn are at an even higher risk for wrongful arrest. These conditions cause stomach contents to regularly flow back into the esophagus. If a driver with GERD is tested, the breathalyzer is essentially testing the air from their stomach, not their “deep lung air.”
California courts have recognized that these medical conditions can create “phantom” DUI readings. If the 15-minute observation period was not strictly adhered to, or if the officer failed to notice the driver belching or regurgitating, the “scientific” result is invalid.
Why Deep Lung Air Is Often Not Collected
To get an accurate sample of deep lung air, a person must blow long and hard into the machine. Officers often coach drivers to “keep blowing” until the machine captures a sample. However, if the person has a high lung capacity or if the machine’s slope detector fails, the sample might be taken too early.
The slope detector is a software component designed to distinguish between the rapid rise in mouth alcohol and the steady plateau in lung air. These sensors are far from perfect. They frequently fail to distinguish between the two, especially when the “slope” of the alcohol concentration is influenced by recent belching or dental work like crowns or bridges that can trap alcohol.
The Impact Of Dental Work And Mouthwash
It is not just what you drink that matters. Certain dental conditions can create pockets where alcohol is trapped and released slowly over time. If you have deep periodontal pockets or ill-fitting dentures, alcohol can remain in your mouth far longer than the standard 15-minute window.
Even non-alcoholic substances can cause issues. Some mouthwashes or breath sprays contain high levels of ethanol. While you might not be “under the influence” of Listerine, the breathalyzer does not know the difference. It simply detects the molecule. If you used mouthwash to freshen your breath after a meal in downtown Redlands before driving home, you could trigger a false high reading.
Patrick Silva, Attorneys At Law: Aggressive DUI Defense
Patrick Silva and his team have spent years fighting DUI charges in San Bernardino and Redlands. We are more educated in the nuances of DUI defense than most, and our history of winning cases speaks to our dedication. We understand the “junk science” that often leads to wrongful arrests, and we know how to dismantle the prosecution’s case in court. Our reputation is built on hard work, deep legal knowledge, and a commitment to our clients. If you are facing a DUI charge based on a questionable breath test, contact us today at 909-500-4819 for a consultation. Our office is located in San Bernardino County, and we are ready to stand by your side.
