"breatherlizer test" - I was in an accident and had told the policeman that I had one drink. I take dilantin

Question

and on the advise of my dentist use Listerine after eating my meals to keep my gums clean because dilantin causes gum disease and there is no way to stop it. The policeman had me perform the field test of saying the alphabet on one leg and following the light, which he said I passed but the driver who hit me made a complaint and I was brought in and given a breatherlyzer test which showed .022 (over the limit) one blow. Would the Listerine play a part in this high reading and if so do you know how much of a higher reading.

Answer 1

Unless you had swallowed the listerine - and in some quanitity, then the "rinse and spit" should only have an effect for a couple of minutes while the alcohol present is still on the lining of the mouth.

If you gargle with listerine, then blow in breathylzer, you will fail - five minutes later it will make no difference - unless you kept some in your mouth.

Answer 2

A Breathalyzer reads the concentration of alcohol in the sample presented to it and then calculates the level in your blood. It does not read the alcohol concentration in your system directly. The sample could contain alcohol vaporizing from your mouth and throat from a very recent mouthwash, but that is only a significant addition for a couple minutes after the mouthwashing.

You may have a low body water content and/or have taken one large drink (or one with a high ethanol concentration). However, neither of these are helpful to your case.

Check that the calibration of the Breathalyzer is accurate and recent. Typically it is.

You'll need legal defense. Contact an attorney.

Answer 3

No. The breathalyzer reads the alcohol in your system, not in your mouth.

You could have requested that they draw blood, but too late now.

Also, how long after your last drink did you take the test? If it was more than an hour, your BAC was higher than .022 at the time of the accident.