Can Dental Work Trap Alcohol? Fighting a New Jersey DUI with Mouth Alcohol Defenses

Being pulled over for a suspected DUI is a stressful experience, especially when you know you are under the legal limit. In New Jersey, the primary device used to measure blood alcohol concentration (BAC) is the Alcotest 7110 MKIII-C. While it is generally considered reliable, it is not flawless. One of the most common reasons for a falsely high reading is "mouth alcohol."

Mouth alcohol occurs when small amounts of alcohol remain in your mouth or throat rather than coming from the deep lung air that the machine is supposed to measure. For individuals with dental work, such as dentures, braces, or periodontal pockets, this residual alcohol can easily trick the machine. Understanding how to raise a mouth alcohol defense in a New Jersey court, such as the Newark Municipal Court, Newark or the Jersey City Municipal Court, Jersey City, is a critical step in protecting your driving privileges.

Step-by-Step Process to Build a Mouth Alcohol Defense

Challenging a DUI under N.J.S.A. § 39:4-50 based on trapped mouth alcohol requires strict attention to police procedure and machine mechanics. Here is how a typical defense strategy unfolds.

Step 1: Identifying Removable Dentures

Under New Jersey law, the Alcotest operator must ensure your mouth is clear of foreign objects before administering the test. If you wear removable dentures, adhesives and the plastic materials can absorb and hold onto alcohol. If the arresting officer failed to ask you to remove your dentures before the test, the reading may be severely compromised. Documenting your dental condition through records from your dentist is the first step in proving this defense.

Step 2: Evaluating Periodontal Pockets and Dental Bridges

Even if you do not wear removable dentures, natural dental issues can cause problems. Periodontal disease creates "pockets" between the gums and teeth where food and liquid can become trapped. Similarly, permanent bridges or braces can hide microscopic amounts of alcohol. When you blow into the Alcotest machine, the forced air pushes this trapped alcohol into the breath sample, leading to an artificially high BAC reading. Medical testimony is often used to establish the presence of these pockets.

Step 3: Scrutinizing the 20-Minute Observation Period

Because of the risk of mouth alcohol, the landmark case State v. Chun, 194 N.J. 54 (NJ Supreme Court 2008) mandates that police must continuously observe a suspect for a full 20 minutes before administering the Alcotest. During this time, the suspect cannot eat, drink, burp, vomit, or chew gum. If you used breath freshener, mouthwash, or burped during this window, and the officer did not restart the 20-minute clock, the test results may be legally invalid. Your defense team will request the booking room video to verify if the officer actually watched you continuously.

Step 4: Challenging the Slope Detector

The Alcotest machine is equipped with a software feature called a "slope detector," which is supposed to identify sudden spikes in alcohol concentration that indicate mouth alcohol. However, this detector is not foolproof and can fail or be poorly calibrated. By requesting the machine's technical data, often found in the Form AIR, New Jersey, New Jersey State Police, Alcohol Influence Report, a qualified attorney can assess whether the slope detector functioned correctly during your test. If the data shows anomalies, the court may dismiss the reading.

How Much Does a DUI Defense Cost in New Jersey?

Fighting a DUI can be an expensive process, but it is often much cheaper than facing the long-term costs of a conviction, such as insurance surcharges and lost employment. Typical costs include:

• Fines and Surcharges: A first-time DUI conviction in New Jersey can result in fines, MVC surcharges, and mandatory classes totaling $3,000 to $5,000.
• Attorney Fees: Hiring a local DUI defense attorney typically ranges from $3,500 to $7,500, depending on the complexity of the case.
• Expert Witnesses: If you need a dental expert or a breath-test technical expert to testify about mouth alcohol, expect to pay an additional $1,500 to $3,000.

How Long Does the Process Take?

DUI cases in New Jersey municipal courts generally move quickly. The state aims to resolve DUI charges within 60 days of the arrest. However, when you introduce complex technical defenses, such as demanding Alcotest maintenance records through discovery, the process can take 3 to 6 months. It is important to find a local lawyer quickly through our directory to ensure you do not miss strict municipal court deadlines.

Frequently Asked Questions (FAQ)