Posted on: 7 January 2019
Several months ago, you had issues with alcohol that resulted in a DUI arrest and probation. Ever since then, you've been sober and are on your way to a new job interview. However, you cleaned your gums with mouthwash before you left in order to improve your breath. Unfortunately, you could be in a position to break probation by accident if you get pulled over.
Mouthwash Can Trigger a Failed Breathalyzer
The rumor about mouthwash triggering failed breathalyzer tests is absolutely true. While this problem typically won't affect most people because the mouthwash must be no more than ten minutes old to trigger this situation, someone heading to a job interview may be more prone to experience this issue.
Why? They may be driving faster than they should to make sure that they reach the interview on time. They may also be known by officers in the area for post-DUI convictions and may be considered a danger and get pulled over for minor reasons. Whatever the cause, this situation can be serious.
Probation Violation Defenses Are Possible
The moment you get arrested for a probation violation, you need to start planning your defense. The easiest defense in this situation is to demand a blood test be taken by the arresting officer. The officer must comply with this demand. Once your blood has been analyzed, it will be clear that you had no alcohol in your system at the time of the arrest.
In most cases, this typically ends your probation violation case and keeps you safe from prosecution. Unfortunately, some prosecutors may decide to pursue the case anyway because they don't believe you or think that the blood test was inaccurate. While not likely, this possibility could occur.
Broken DUI Probation Is Serious
A person on DUI probation may sometimes need to avoid alcohol consumption to avoid any probation violations. And when an individual fails a breathalyzer test while on probation due to mouthwash, they are likely to be immediately arrested and taken to jail to be booked for a violation of their probation. This situation can occur even if the person claims that the failed test was due to mouthwash.
If this violation charge sticks, a person may find themselves in a very bad situation. For example, their probation may be extended to include years of extra time. They may also have to pay fines or, if the situation is serious enough, end up in jail. Thankfully, this type of probation violation is fairly easy to dispute and defend.
So if you or anyone you know is in this situation, make sure to contact a probation attorney to learn more about your rights. These professionals will work hard to ensure that you don't go to jail for ridiculous reasons and will fight to protect you from unreasonable prosecution.Share