Being pulled over in a traffic stop by a New Jersey police officer can lead to an arrest and subsequent criminal charges. It is a misguided belief to assume that, as long as a person is innocent, he or she will ultimately be released from the traffic stop without any additional legal problems. In fact, if a person takes a DUI breath test, chances of a false positive may be as high as 23 percent in some cases.
Various issues can cause a breath test device to register a false positive for alcohol. It is important to understand the difference between a preliminary alcohol screening (given on the roadside during a traffic stop) and a Breathalyzer test (typically administered after an arrest and subject to implied consent laws). The most notable difference between these two tests is that a person may refuse a preliminary breath test without fear of administrative or legal penalties.
Numerous products that can make a breath test register positive for alcohol
If a person used mouthwash before getting behind the wheel to drive, he or she may register positive for alcohol on a breath test device. Alcohol is a main ingredient in many mouthwash products. In addition to mouthwash, the following list of products may also cause a breath test device to register positive, even if the person taking the test has not consumed an alcoholic beverage:
- Hand sanitizer
- Toothpaste
- Bleach
- Aftershave, perfume or cologne
- Body spray
- Energy drinks
- Hot Sauce
- Fermented foods
Registering positive for alcohol on a breath test constitutes probable cause for a police officer to make a DUI arrest. Even if a person knows that he or she has not consumed alcohol, it is always best to cooperate during an arrest; otherwise, additional legal problems may arise.
Refuting DUI charges in court
An experienced criminal defense attorney can provide support to any New Jersey resident who is facing DUI charges. Requesting a meeting with an attorney is a logical first step to take, especially if a person knows that a breath device has registered a false positive. An experienced attorney’s support can help a defendant mitigate his or her circumstances.