Georgia DUI Gingivitis or Periodontal Disease
Breathalyzers are designed to measure the amount of alcohol in your deep lung air; however, the blood alcohol content (BAC) reading may be inaccurate if alcohol from a different source is blown into the machine. For example, if alcohol got absorbed into food stuck between your teeth, the breathalyzer will measure your mouth alcohol rather than your deep lung air.Safeguards have been developed to ensure that the air being tested is from the lungs. To verify that the machine is reading alcohol from the lungs, the officer may take two breath samples that cannot vary more than .02% from each other. A 15-minute observation period must also be strictly observed to ensure the suspect does not vomit, belch, or consume anything before taking the test.
Some breathalyzers also have a slope detector to ensure the machine is measuring only the deep lung air. If the alcohol reading is consistent the whole time the subject is breathing, the detector assumes that only deep lung air is being measured. A sudden spike in the reading will alert the detector that the alcohol came from a different source.
Gingivitis or Periodontal Disease may lead to a Georgia DUI false positive by fooling the breathalyzer machines into thinking they are measuring deep lung air. Gingivitis can cause bleeding gums, and periodontal disease causes pockets around the teeth that can trap food and alcohol. Because the alcohol trapped in the mouth remains consistent, it may not be recognized as mouth alcohol by the slope detector. An observation period and duplicate analysis will also miss the trapped mouth alcohol.
If a person with gingivitis or periodontal disease has bleeding gums during the breathalyzer test, the blood may be blown into the chamber with the breath sample. The alcohol in the blood will artificially increase the BAC results.
If you suffer from Gingivitis or Periodontal Disease and recently arrested for Georgia DUI, you should immediately speak with a defense lawyer. Your lawyer may call in a breathalyzer expert or periodontist to explain how your dental condition may have affected the results of your breathalyzer test. Please contact our law firm today for a free consultation and to learn how we can defend your case.
