Dental Issues and the Affect on the Intox 5000 by Collin County DWI attorney Troy Burleson
by Collin, Dallas and Denton county DWI lawyer Troy Burleson
Dental appliances can be a major factor in high breath test results. Like GERD defenses, dental issues concern mouth alcohol. If a person fails a breath test, and has had major dental work, this defense should be explored.
Dental appliances include, but are not limited to: braces, retainers, mouth expanders, bridges and false teeth or dentures. These appliances provide an opportunity for food to become trapped in the mouth after eating. Anyone who has had extensive dental work, such as braces, will tell you that getting food trapped in their teeth is a persistent problem.
When food is trapped within the teeth and alcohol is consumed, portions of the alcohol may become trapped in the teeth or dental appliance. Upon taking a breath test, breath is blown back through the mouth and alcohol molecules can be picked up by the expired breath before introduction into the machine. When this occurs, a false positive test for alcohol may be obtained.
Some studies have demonstrated that some dental adhesives can trap alcohol in ones mouth for up to one hour. A 15-20 minute waiting period before a breath test can be administered does not eliminate this problem.
There has been insufficient testing on subject who had both consumed and absorbed alcohol in their system with certain dental appliances to truly know the magnitude of the effect of the dental appliance. Therefore, a dental appliance problem can escape detection by the traditional slope detector on the machine. A “disconnect defense” may be available for a defendant who has dental issues, a high breath test and a “sober” video.
A Note about this Article from Troy Burleson--The contents of the article above were taken by permission from copyrighted material from the Law Office of Christopher N. Hoover, P.C. Mr. Hoover is my law partner and a lifelong criminal defense attorney whose particle is exclusively dedicated to DWI/DUI defense.
