Texas DWI False Positives from Certain Foods

It is well known that a Texas DWI or DUI can lead to serious consequences. However, many people may not be aware of certain foods certain that can lead to false positive results on a DUI Breathalyzer test. Certain foods – especially those that contain significant amounts of yeast – can break down in the digestive system and turn into ethyl alcohol, a primary component of alcoholic beverages. This means that someone who has consumed these foods could have DUI charges brought against them even if they’re completely sober.

Foods such as bread, cake, beer, and wine contain yeast that can cause false positives in breathalyzers. Non-alcoholic beers and wine also contain this yeast and similarly have the potential to produce false positive readings. Additionally, some energy drinks and other items with ingredients derived from alcoholic beverages can create confusion about breathalyzers.

It is essential for anyone who routinely consumes these types of food to understand the risks posed by routine breathalyzer tests. To mitigate any false positive results from eating yeast-containing foods, it is recommended to wait at least two hours after consuming them before taking a breathalyzer test. Making sure you’re aware of your body’s reaction to foods with high levels of yeast can help ensure you don’t encounter any difficulties with DUI tests.

Texas DWI False Positive from Eating Bread

Texas law enforcement agents use the Intoxilyzer 5000 breath machine to determine the blood alcohol content (BAC) of individuals suspected of driving under the influence. Unfortunately, this breathalyzer has a lot of shortcomings. For example, the machine operates under the assumption that everyone has a 1:2100 breath-to-blood ratio, and it may measure mouth alcohol rather than deep lung air. Perhaps the oddest thing that produces a false result is the consumption of bread. That’s right—you can get a Georgia DUI false positive from eating bread.

An experienced defense attorney discovered that bread could affect the breath test results while conducting an experiment in which he consumed different types of foods and then tested himself. His BAC levels after eating it ranged from .03% to .05%. Upon hearing his findings, scientists at the Washington State Toxicology Laboratory decided to conduct their own study. They confirmed the claim.

Why does bread show up as alcohol on the breathalyzer test? Most types contain yeast, which produces alcohol during the fermentation process. While most of the alcohol dissipates during the baking process, a small amount may remain in it. Considering that bread has a tendency to get stuck in your teeth and remain there until you brush or floss and that it may absorb alcohol from any drinks you consume, you can see how it can produce a false BAC result.

While eating bread will not raise your BAC over the legal limit (.08% for drivers over 21), if you have a few drinks and eat some, it has the potential to push you over the limit. So if you go to an Italian restaurant, eat some, and then have a couple of glasses of wine, you could test over the limit and be arrested for DWI.

Texas DWI Mouth Alcohol – Soy Sauce and Beer

Texas breathalyzer tests are designed to analyze the amount of alcohol in your breath to determine your blood alcohol content (BAC). While they are supposed to measure alcohol from your deep lung tissue, they can easily be affected by alcohol in the mouth. How does this occur? Breathalyzers shoot infrared light from one chamber to another while alcohol particles absorb the light. The machine then measures the amount of light that reaches the other side of the chamber to calculate your BAC during a DUI arrest. Unfortunately, breathalyzer tests cannot differentiate between deep lung air and mouth alcohol.

The term “mouth alcohol” is pretty self-explanatory:—it is residual alcohol that remains in the mouth. Mouth alcohol, which covers up deep lung air that would produce a more accurate result, is extremely concentrated and can produce a falsely inflated breath result.

Breathalyzer tests use a 1:2100 breath-to-blood ratio when calculating your BAC—that is, the breathalyzer takes the amount of alcohol in your breath sample and multiplies it by 2100 to determine the amount of alcohol in your bloodstream. That means that mouth alcohol can potentially alter your BAC results significantly.

Several factors can cause mouth alcohol. Belching and acid reflux can push alcohol up from your stomach, while food and dental work can trap alcohol in your mouth. Swishing a small amount of beer in your mouth without consuming any additional beer can inflate the amount of alcohol in your mouth, thus increasing your results.

Something as innocuous as soy sauce can affect your Texas breathalyzer test results if the residue lingers in your mouth. If you get pulled over after a sushi dinner and soy sauce is still in your mouth, you could be arrested and charged with driving under the influence.

The legal BAC limit for drivers under 21 years of age is only .02%, which means even a small amount of mouth alcohol could lead to a driving under the influence (DUI) arrest.

Texas DWI Atkins and Low Carbohydrate Diets

While they might not be as popular as once, many people continue to follow certain diets to lose weight. You may not know that Atkins and low carbohydrate diets may lead to a Georgia DUI arrest because of a false breathalyzer test reading.

When you follow a low-carb diet, your body goes into ketosis. During ketosis, your body burns fat rather than carbohydrates and produces ketones, which are then used by your body as energy. Certain ketones are converted into isopropyl alcohol and excreted in your breath and urine.

If you have eliminated carbs from your diet and are asked to take a breathalyzer test, the machine cannot tell the difference between the isopropyl alcohol produced by your diet and the ethyl alcohol found in alcoholic beverages. This inability to differentiate between alcohols can lead to falsely accusing innocent people of DUI.

If you are on Atkins or another low-carb diet and drink a small amount of alcohol, your BAC could be falsely increased over the legal limit as a result of ketones.

Low-carbohydrate diets are notorious for causing a distinctive odor when ketones are excreted through the breath. Unfortunately, this smell is very similar to someone who has been consuming alcohol. This smell could cause an officer to believe you have been drinking and subsequently arrest you for DUI.

If you are in ketosis, your body will display certain symptoms that can be confused with intoxication. These may include drowsiness, lethargy, impaired motor control, and a flushed face.

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