The Top 20 Myths

of Breath, Blood and Urine Tests You need to know to defend when DUI/DWI convicted

Myth #10: Breath Test — Dentures Cannot Cause A False High Reading

Although many scientists contend that dentures do not trap alcohol that can contribute to a false high reading, a leading study on this remains controversial.

Data was excluded from one female subject (#23) who had particularly poor fitting dentures and was unable to avoid swallowing during the dosing period.
Patrick Harding, et. al., The Effect of Dentures and Denture Adhesives on Mouth Alcohol Retention, 37 Journal of Forensic Science 999, 1002 (July 1992).


Defending against DUI / DWI

Under these stringent experimental conditions, positive apparent BrACs occurring more than 15 min after alcohol expectoration were observed in 9 of the 24 subjects. Two subjects showed trace BrACs beyond 20 min.
Id. at 1006.

One of the individuals in another study had a breath sample of 70ug/100mL (A .15) and a blood sample showed .05.

Dental examination of the defendant showed that he had extensive work carried out, including three bridges. A possible explanation, therefore, for these anomalous results is that the excessive breath-alcohol concentrations might be due to mouth alcohol retained in the bridges or periodontal spaces....
D.J.H. Trafford & H.L.J. Makin, Breath Alcohol Concentration May Not Always Reflect the Concentration of Alcohol in Blood, 18 (4) Journal of Analytical Toxicology 225, 225 (Jul.-Aug. 1994).

Effective DUI / DWI Defense

Unless the law is concerned with convicting the many, while ignoring the few, this case demonstrates the desirability of offering all defendants the chance to have their breath-alcohol concentrations checked by analysis of blood or urine.
Id. at 228.


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Myth #11: Breath Test — Slope Detectors Protect Against Mouth Alcohol Influencing A Result

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