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Yes, mouthwash can result in a DUI charge in Tennessee

You were late for work, so you quickly swished the closest mouthwash you could find before running out the door to your vehicle. Somewhat rushed, you sped through an area of the town known for having police officers. Shortly after seeing you drive by, one of them pulled you over for speeding and driving in a reckless manner.

The officer alleges that he believes you've been drinking, even though it's fairly early in the morning. You allow the test, and it comes back positive. What happened?

One thing that can fool a breathalyzer is a mouthful of mouthwash. Mouthwash that contains alcohol can throw off a breathalyzer's reading and make it appear that you're drunk when you aren't.

Alcohol on your breath registers on a breathalyzer over time. At 10 minutes after you rinse your mouth with mouthwash, it can still fool a breath test into thinking you're intoxicated.

The problem with this is that making an error in traffic could end up leading to a breath test you don't deserve. That test, if it comes back positive, will mean you can't continue on your way. At the very least, you'll be taken to the police station until you can prove that it was mouthwash that triggered the breath test.

Fortunately, it is not your responsibility to prove your innocence. Your attorney will talk to you more about what you can do to have the DUI charge dropped if you have been arrested thanks to using mouthwash too soon before driving. Our website has more on how you can fight DUI charges.

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