Accidentally drinking and driving is not something that often occurs. The average adult will recognize the flavor of even the best-disguised alcohol.
Still, there is a small number of those accused of driving under the influence (DUI) charges who didn’t drink a beer, a glass of wine or a cocktail before driving. There are numerous less-obvious causes that can lead to someone failing a breath alcohol test during a traffic stop.
Mouthwash is a perfect example. Some people swish with mouthwash right before leaving their homes, not realizing that doing so will temporarily spike the results if they do a chemical breath test. And what about kombucha has grown in popularity in recent years. Can this fermented beverage cause a DUI?
Timing and the contents of the drink might make you vulnerable
Non-alcoholic commercial kombuchas sold in bottles in the United States have a negligible amount of alcohol, less than 0.5% of the total volume of the beverage. However, there are some places that sell boozy kombucha, which people could drink without realizing how strong it actually is. There are also plenty of people and businesses new to kombucha brewing who might make something stronger than they intend, without realizing it.
The timing of when you consume the kombucha is also important. The quicker you get into your vehicle after enjoying a kombucha, the more likely it is that it could cause a false positive on a breath test and lead to your arrest. Generally speaking, police officers will recognize that kombucha has very little alcohol in it and will not arrest someone for having a bottle of kombucha in their car the way they would arrest someone with an open beer. They could still arrest that driver if they fail a breath test.
A reasonable explanation can help your defense
When you establish a plausible explanation for why you failed the chemical breath test, you can potentially use that to develop your defense strategy and protect yourself from a criminal conviction after failing a breath test.
Learning more about DUI charges and the science behind breath testing can help you develop the best defense strategy possible given your circumstances.