Braces or other dental appliances are a potential source of mouth alcohol because they can trap and hide alcohol or food particles that could absorb and hold alcohol. If braces or dental appliances are holding even a small amount of alcohol, it could show up on the breath test and make the result much higher than it should be.
The breath test is looking for small amounts of alcohol in the breath as an indicator of alcohol in the person's system. Alcohol in the mouth can trick the machine into thinking that the alcohol was in the breath that came from the lungs. If a person did have some alcohol to drink, and some alcohol in their mouth, there is a very real possibility that the breath test machine could not distinguish between the alcohol in the mouth and the alcohol in the breath.
The DUI law is intended to penalize persons for alcohol upon their breath, which originates in the lungs, not the mouth. If you had braces or other dental appliances in your mouth on the day of your breath test, you might have a braces defense, especially if you had eaten and there were pieces of food caught in your braces or dental work.
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