False positive results
I was pulled over for failure to maintain a single lane. The day prior I had a deep dental scaling. I was using Maximum Strength Anbesol way over the recommended dose (15-20) applications within 12 hours. Upon that I had a head cold and an earache. Regardless I had 2 drinks. Approximately 1 � oz. of gin spaced by a � hour each. I blew .130 and .133. Other medications I was on where BC, Aleive, Klonopin and Prozac. From the time I had my last drink to the time I took the breathalyzer was about 3 and a half hours. With all that information I am asking could a breathalyzer produce false positive results due to the blood in my mouth, the Anbosel and me having a temp. of 99.9 degrees?
1 Answer from Attorneys
Re: False positive results
Absolutely! First the breath test is not accurate. Second, with blood in your mouth any alcohol in your blood will adversely affect the result. Last, despite all that, if a jury hears how much medication you were on they may convict you anyway. Remember, it need not be alcohol. (Luckily, many prosecutors fail to develop a case that way and focus on the alcohol. Get an expert to testify on your behalf).
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