Fight Your DUI Charge If You Believe You May Have Had Blood In Your Mouth

22 August 2018
 Categories: , Blog


When you're pulled over after you've been drinking and are given a Breathalyzer test, there's a possibility that you'll blow over the legal limit. This will lead to an arrest, a likely impounding of your vehicle, and some time in jail before you can bail out. While you'll understandably be discouraged, you don't have to give up campaigning for your innocence. Hire an experienced DUI attorney who has some tricks up his or her sleeve to get a court to throw out the Breathalyzer reading. With it gone, the state will have little grounds to find you guilty. The presence of blood in your mouth can often lead to a faulty Breathalyzer reading. Here are some potential reasons for the presence of blood to discuss with your attorney.

Recent Injury

It's possible that you could have some blood in your mouth as a result of a recent injury. An extreme example is that you got into a fight — perhaps even outside of the bar at which you were drinking in the hours prior to your traffic stop and subsequent DUI arrest. If you were hit in the mouth, a trace amount of blood could still be present, and it could be enough to throw off the Breathalyzer reading. Alternatively, you could have bitten your lip or tongue while you were eating dinner, resulting in the presence of blood in your mouth.

Recent Surgery

It's also possible that you had oral surgery a short time ago that has led to a small amount of blood in your mouth. For example, if you recently had your wisdom teeth removed and the procedure to do so was extensive, you'll have voids in your gums that have been stitched up. Sometimes, these areas can bleed to a slight degree, especially if you've been fighting an infection. Such a scenario can often be enough to get the Breathalyzer readings against you dismissed — and often result in the full dismissal of your case, too.

Poor Oral Health

Blood may be present in your mouth if your oral health is poor. For example, if you have moderate or advanced gum disease, your gums may bleed from time to time. Perhaps you taste blood even if you haven't bitten yourself. This is another strong point that you can use to fight a DUI charge. The blood that is in your mouth as a result of your poor oral health may have led to an incorrect Breathalyzer reading.

Contact a local DWI attorney for more assistance.