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  1. #1
    Join Date
    Jul 2005
    Tempe, Arizona

    Default DUI and a salivary gland infection

    Hi, I recently got a DUI, but was not at all feeling drunk. I have a condition called saladenitis, which is a salivary gland infection in my mouth. I have researched and believe that this could inflate the reading on a breathalyzer test. Is this true and if so, by how much could it inflate the breathalyzer by? It was not a hand-held breathalyzer, but a big machine down at the station.

    Please help me with some expertise. Thank you.

  2. #2
    Join Date
    Mar 2005

    Default Breathalyzer test and Excessive Salivation

    That would likely depend upon the full nature of the medical condition, as well as the type of breathalyzer machine that was used, and its model. This is the sort of issue that might merit a pretrial motion, but might also require that you present an expert opinion from a toxicologist. I suggest that, if you have not done so already, you consult with an expert drunk driving defense lawyer - somebody for whom drunk driving defense is a major area of practice - and have the full facts and circumstances of your test reviewed for the possibility of raising this defense (or others, which you might not have considered).

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