DUI Defense in Omaha: What Is Mouth Alcohol?

Jul 15, 2014 | By Petersen Criminal Law | Read Time: 2 minutes |

If you have recently been arrested and charged with driving under the influence, or DUI, in Omaha you likely already know that you are facing serious judicial and non-judicial consequences should you be convicted of the charges. Often, the strongest evidence against a defendant is the blood alcohol concentration, or BAC, level that was recorded when the defendant took a breath test. What if the breath test results were skewed though? Many factors can cause the results of a breath test to be inaccurate. Mouth alcohol is one of those factors.

Mouth alcohol, as the term implies, refers to the presence of alcohol in your mouth itself. To understand why this matters you must understand how a Breathalyzer, or breath test, works. A Breathalyzer is a machine that measures the amount of alcohol in a suspects breath by testing the air expired by the suspect when the suspect blows into the machine. The machine is supposed to be testing the air that is found in your lungs. The machine then uses a complex formula that translates that level into an overall breath alcohol concentration, or BAC, level that is expressed as a percentage. In Omaha, it is a criminal offense to operate a motor vehicle with a BAC over 0.08 percent. The legal limit is lower if you hold a commercial driver’s license or you are under the legal drinking age.

When mouth alcohol is present, the mouth alcohol can mix with the alcohol found in your lungs, producing a false high percentage. Depending on the amount of mouth alcohol in your mouth at the time the test is conducted, the test result can be significantly higher than what your BAC really is. Mouth alcohol occurs whenever anything has recently been in your mouth that produces alcohol. Some obvious culprits include mouthwash or breath spray; however, there are a number of other substances that can also cause mouth alcohol that you may not even realize produce alcohol, such as:

Chewing tobacco
Blood
Cold medication
Metal from dental work or piercings
Dental caps and bridges
Acid reflux or GERD
Vomit or hiccups

DUI Defense in Omaha

If you have been charged with DUI in Omaha and you believe that your breath test results were skewed because of the presence of mouth alcohol, consult with an experienced Omaha DUI attorney as soon as possible. Contact Petersen Law Office 24 hours a day at 402-513-2180 to learn more about DUI defense in Omaha and for a free case evaluation.

Thomas M. Petersen

Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.

Rate this Post

Serving the Omaha Community 24 hours a day 7 days a week

We Want to Defend YOU!

Why Choose Us As Your Criminal Defense Lawyers?

EXPERIENCED

When you’re accused of a crime, you still have rights. Unfortunately, many prosecutors will attempt to bypass these rights in order to get a conviction or a guilty plea. Do not let this happen to you. I’ve successfully defended countless Nebraska criminal cases - and I'm ready to go to work for you, too.

STRATEGIC

Effective planning and strategy play a crucial role in addressing criminal charges. I approach every case with the seriousness it deserves, understanding its importance to my clients. At Petersen Criminal Law, we adopt this mindset consistently. My goal is to create and execute a strategy that offers the best possible solutions and outcomes for my clients.

DETERMINED

I approach challenges with determination, always exploring solutions from multiple perspectives. When you entrust me with your case, you secure a dedicated ally who remains committed till the very end. My primary goal revolves around attaining optimal outcomes for my clients, and my proven track record speaks to that. In the realm of criminal defense, no case is trivial. Feel free to reach out, and let's commence this journey today.

Serving the Omaha Community 24 hours a day 7 days a week

We Want to Defend YOU!

What Do Former Clients Have to Say About Us?

Tom is wonderful to work with. He is very professional and attentive to the needs of his clients. My husband needed a lawyer in a short time frame and Tom didn't hesitate taking the case. The case had a terrific outcome. All in all; Tom is a beast!!

- Krysti E.

I’ll start with saying 5 stars ⭐️!! Tom took very good care of us in a stressful time. He eased that stress and got us great results FAST! From the start of the case Tom gave us realistic expectations and in the end he was spot on! I recommend Tom with Peterson law to anyone needing legal services!!!!!

- Robert P.

I give the highest level of recommendation for Mr. Petersen. He’s extremely professional, a great communicator, and sets realistic expectation for potential outcomes. He’s a great guiding hand in the situation you hoped to never find yourself in and will do everything he can to end in the best outcome.

- Shane K.

Our case results

Drug Crime

Dismissed

Petersen filed a motion to suppress alleging that the stop and search were illegal.

DUI

Probation

Breath test excluded for failure to follow proper procedure. The Court agreed and ruled the breath test inadmissible at trial.

Criminal Defense

Not Guilty

Jury Trial: Client was charged with use of a firearm in commission of a felony.