Chicago DUI lawyer reconsiders whether you should submit to testing in a DUI arrest

This Chicago DUI lawyer has posted here, here, and here about DUI testing. After my post here about false readings and discussing false positive results with a client who has a breath alcohol device installed on his car I am no longer comfortable advising you to submit to any of the chemical tests.

Did you know that asthma inhalers and mouth wash could trigger false positive readings. Those false positives can be on both Breath Alcohol Ignition Interlock Devices (BAIID), installed into your vehicle, as well as the breathalyzer machines and devices used by law enforcement to determine whether you are under the influence?

My client, with the BAIID, told me he used a mouthwash which he spit out. He then left his home a short time later and tried to start his car. The BAIID gave him a fail despite the fact that he had not consumed any alcohol. He went back into his home and tried again twenty minutes later. Then the BAIID permitted him to drive away. He was shocked.

From SmartStart of California, by the way the Smart Start company is an approved BAIID provider in Illinois:

6. Mouthwash/Mouthspray causes the Ignition Interlock to fail.

Mouthwash and sprays usually contain up to 30% alcohol and will definitely react as alcohol in all ignition interlock devices. Non-alcohol mouthwash is available and all ignition interlock users should use this mouthwash. The alcohol concentration level can register as high as.250 but will immediately dissipate within a fifteen (15) minute timeframe due to being mouth alcohol only or quicker if the mouth is rinsed with water. Smart Start clients are always instructed to rinse their mouths out with water before each and every test.

7. Chocolate mints, Altoids, Dentyne and other gums cause the Ignition Interlock to fail.

Alcohol filled chocolates will register a fail; however, the alcohol in the chocolate will dissipate in 3 minutes.

8. Cinnamon Rolls and Donuts make the Ignition Interlock fail.

The sugar and the active yeast can combine to create a low level alcohol fail some of the time. However, as with cigarette smoke or mouthwash, a second test will indicate a drop or a completely clean test. Rinsing the mouth with water after eating and before blowing into the device will eliminate a fail. Smart Start clients should ALWAYS rinse their mouth with water before taking a test.

Do you think you will get a second chance to submit to chemical testing a half hour later after the initial submission when you are arrested for a DUI? Do you really want to have to defend against that charge with a BAC over the legal limit at work?