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  1. #1
    Join Date
    Jan 2013
    Posts
    2

    Default Positive Breath Test

    My question involves criminal law for the state of: Mississippi. Is it possible to blow a .10 breath after taking medicine...pain med,blood pressure meds. and anti depression meds to quit smokeing along with mouth wash that contains alcohol.

  2. #2
    Join Date
    Jul 2010
    Posts
    7,874

    Default Re: Positive Breath Test

    No, it is not. Any other crap defenses you'd like to try out on us?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,670

    Default Re: Positive Breath Test

    I can almost guarantee that they followed sufficient procedures that avoid any recent alcohol consumption that may swayed the test. Any alcohol you consume from mouthwash or cold medicine still COUNTS as to your level of intoxication. Blood pressure meds and antidepressants are not going to interfere with the alcohol chemical tests and frankly, they can only HARM your position if you bring them up (they may indeed be intoxicating on their own right).

    Please don't create a thread for every loop hole you're trying to envision. Keep it in one of the threads you already started.

  4. #4
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Positive Breath Test

    Quote Quoting ccole1
    View Post
    pain med
    if you really wish to discuss the fact that you were also under the influence of opioids as well go right ahead and bring that up but the fifth amendment means you are not required to volunteer this information.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Positive Breath Test

    Let's start with... you know what you had to drink.
    Quote Quoting ccole1
    View Post
    Is it possible to blow a .10 breath after taking medicine...pain med....
    Nope.
    Quote Quoting ccole1
    ...blood pressure meds.
    Nope.
    Quote Quoting ccole1
    and anti depression meds to quit smokeing
    Nope.
    Quote Quoting ccole1
    along with mouth wash that contains alcohol.
    A .10? Not at all likely. If you have an oral appliance (e.g., dentures) and high alcohol mouthwash was trapped beneath the appliance, that can create a positive result. But (a) you should have informed the officers about any dental appliance and (b) the observation period would normally take care of any residual mouthwash that was not entrapped.

    Usually there are two measurements of BAC - the PBT at the time of the original stop and the 'breathalyzer'/'Datamaster' result from the station. Did you get measured more than once and, if so, were both tests @.10?

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