If your child is facing operating while intoxicated (OWI) charges, you are likely exploring every possible avenue to help them. One defense strategy you may have come across is the “mouthwash defense.”
The mouthwash defense claims that the alcohol detected in a breath test came from recently used mouthwash rather than consumed alcohol. Can this defense get your child out of an OWI charge?
Mouthwash defense is rarely effective
In Wisconsin, the legal blood alcohol concentration (BAC) limit for drivers under 21 is 0.00%. This zero-tolerance policy makes it challenging to use the mouthwash defense successfully.
For one, the effect of mouthwash on a Breathalyzer test typically dissipated within 15-20 minutes. If your child used mouthwash shortly before the test, it might influence the results. However, if enough time has passed, the alcohol from mouthwash should no longer be detectable.
Law enforcement might also use more than one type of test to determine BAC. For instance, they may conduct both preliminary breath tests (PBT) and evidentiary breath tests (EBT). If multiple tests show a high BAC, the mouthwash defense might not be effective.
The prosecution may also argue that your child’s behavior, like slurred speech or poor coordination, is evidence of intoxication. They can still charge your charge with OWI regardless of the BAC reading.
There are more plausible defenses
Instead of relying on the mouthwash defense, it is crucial to consider other factors in your child’s case:
- Was the traffic stop legal?
- Were field sobriety tests administered correctly?
- Was the breath test machine properly calibrated?
- Did the officer follow all required procedures?
These questions require a thorough understanding of Wisconsin OWI laws and legal procedures. As a parent, the best thing you can do for your child is to seek the help of an experienced OWI attorney. This approach can help ensure your child’s future remains unblemished by a criminal record.
