Possible Challenges to Breath Tests by a DWI Law Attorney in Pocatello, ID

by | Feb 19, 2020 | Lawyers

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Idaho considers driving while intoxicated to be a criminal offense. A DWI law attorney in Pocatello, ID, may be able to create enough doubt about a driver’s breath test results to have the case dismissed. Certain substances can lead to false positives in these tests or an indication of a higher blood alcohol content (BAC) than is valid.

Mouthwash and Sprays

For example, the person may have recently used mouthwash or a spray containing alcohol in an attempt to hide the odor of alcohol on the breath. That could have boosted the BAC reading higher than it should have been. A DWI law attorney in Pocatello, ID, may be able to use this as evidence if any witnesses saw the person using one of these products before getting behind the wheel.


Certain medications people use for treating colds, flu and asthma contain alcohol or menthol can increase a BAC reading. Cough drops and syrup, liquid medicine for colds and flu, and inhaled medications all may have alcohol as an ingredient.

Energy Drinks

Even some energy drinks contain a small amount of alcohol. The person might have chugged an energy drink after consuming a couple of cocktails, boosting the BAC just high enough to cause trouble.


Most substances won’t lead to an illegal BAC level for driving if the person has not been drinking. However, some substances can raise the reading to an illegal level, resulting in charges of DWI. Browning Law, which provides information, represents clients who want to fight these charges.

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