Colognes And Breathalyzers: A Dangerous Mix?

There are many factors that can affect the accuracy of breathalyser tests, including certain medications, substances, and the way the tests are administered. One common factor that can lead to a false-positive result is the use of cologne or perfume, which often contains a high percentage of alcohol. This means that if you've been wearing cologne and are then subjected to a breathalyser test, the result may indicate the presence of alcohol even if you haven't been drinking. Other factors that can cause false positives include asthma inhalers, over-the-counter medications, oral gels, mouthwashes, breath sprays, and certain medical conditions. It's important to be aware of these potential sources of inaccuracy when interpreting breathalyser results.

Cologne contains alcohol

The alcohol used in colognes is known as perfumers alcohol. It is made up of ethanol (denatured), isopropyl myristate, and monopropylene glycol. The ethanol is the main carrier for the fragrance oils. It evaporates quickly when warmed by skin temperature, releasing the fragrances evenly over the surface. The isopropyl myristate is used to aid absorption, and the monopropylene glycol is a co-solvent that allows the fragrance oils to be solubilised in the alcohol carrier. This also helps to control the evaporation of the alcohol so that it does not disappear too quickly.

Because cologne contains alcohol, it can trigger a false positive on a breathalyser test. This is because the breathalyser gadget measures the quantity of ethanol in your breath to determine whether or not you have consumed alcohol. The breath sample is in contact with a sensor or fuel cell within the breathalyser gadget, which has chemicals designed to react with alcohol.

Other products that contain alcohol and can cause false positives on breathalyser tests include toothpaste, hand sanitiser, bleach, aftershave, oral rinse products, and fragrances.

Alcohol in cologne can be detected by breathalyzers

Alcohol in cologne can be detected by breathalysers. While the primary purpose of a breathalyser test is to determine the blood alcohol content (BAC) in a person's breath, other factors can cause the device to register a false positive.

Breathalysers work by measuring the quantity of ethanol in a person's breath. After blowing into the mouthpiece, the breath sample comes into contact with a sensor or fuel cell containing chemicals designed to react with alcohol. This reaction causes the alcohol in the breath sample to oxidise, producing an electrical current or a colour change. The strength of this reaction is directly proportional to the amount of alcohol in the sample, which is then used to calculate the estimated BAC.

However, certain substances, including cologne, can interfere with the accuracy of breathalyser results. Cologne typically contains a high percentage of alcohol, which can be detected by the breathalyser and lead to a false positive result. This is because the alcohol in the cologne can undergo the same chemical reaction as alcohol consumed by the person, producing an electrical current or colour change that the device interprets as an indication of alcohol consumption.

Additionally, other factors such as environmental exposure to chemicals, paints, or adhesives in enclosed spaces can also affect breathalyser results. It is important to note that breathalysers need to be properly calibrated and maintained to ensure reliable readings. Operator errors, such as careless handling or deviation from established protocols, can further impact the accuracy of the test results.

Therefore, while cologne can potentially affect breathalyser results due to the presence of alcohol, it is crucial to consider other factors that may contribute to false positives and adhere to proper testing procedures to ensure the most accurate results.

Other products containing alcohol can also affect breathalyzers

While cologne can affect a breathalyser, it is important to note that other products containing alcohol can also impact breathalyser results. This includes over-the-counter medications like Nyquil and Vicks products, which contain alcohol and can lead to a false positive on a breathalyser test. Inhalers used for asthma relief can also cause false positives, as they may leave residual alcohol-like compounds in the mouth.

Oral gels, such as those used for toothaches and mouth sores, can also skew breathalyser results. One common ingredient in these gels is Anbesol, a local anaesthetic that can cause a positive reading for alcohol consumption. Mouthwashes and breath sprays are other common products that can lead to false positives, as many of them contain significant amounts of alcohol. If used shortly before a breathalyser test, they can cause the device to detect alcohol.

Additionally, certain medical conditions can lead to false-positive breathalyser results. For example, individuals with gastroesophageal acid reflux may experience alcohol from the stomach being expelled into the mouth, potentially resulting in higher breathalyser readings. Diabetes can also affect breathalyser results, as high blood sugar levels can lead to the production of ketones, which are chemically similar to alcohol.

Breathalyzers can be inaccurate for a number of reasons

Breathalyzers are also susceptible to human error. They must be calibrated and maintained regularly, and even then, operator errors can occur, such as careless handling or deviation from established protocols. Additionally, foreign substances in the mouth that contain alcohol, like mouthwash, breath fresheners, or toothache medicines, can skew breathalyzer readings by producing false positives.

Furthermore, certain medical conditions and medications can affect breathalyzer results. For example, gastroesophageal acid reflux can cause alcohol from the stomach to enter the mouth, leading to higher BAC readings. Similarly, diabetes can result in the production of ketones, which chemically resemble alcohol and can trigger false positives. Asthma medications containing albuterol, salmeterol, and budesonide can also cause false positives by leaving residual alcohol-like compounds in the mouth.

Environmental factors can also come into play. Exposure to fumes from chemicals, paints, or adhesives in poorly ventilated areas can affect breathalyzer results. Even electromagnetic waves from a police radio can cause a breathalyzer to malfunction.

It's important to note that while multiple readings may increase the likelihood of obtaining a consistent result, they do not guarantee the accuracy of the test. Breathalyzers have an inherent margin of error, and even under ideal conditions, breath test results may not be entirely accurate.

You can challenge the results of a breathalyzer test

Breathalyzer tests are an important tool for law enforcement to determine an individual's blood alcohol content (BAC) and whether they are fit to drive. While these tests are generally reliable, there are several factors that can affect their accuracy and lead to false positives or false negatives. If you believe that the results of a breathalyzer test are inaccurate or questionable, you have the right to challenge them. Here are some ways you can challenge the results of a breathalyzer test:

Unreliable Breathalyzer Tests

Breathalyzer tests can be unreliable due to various reasons, and this can be a basis for challenging the results. One common issue is improper calibration of the device. Breathalyzers need to be regularly calibrated and maintained to ensure accurate readings. If the police cannot provide testimony or evidence that the device was properly calibrated before your test, the accuracy of the results can be questioned.

Foreign Substances in the Mouth

Certain substances in your mouth can also lead to false-positive breathalyzer results. This includes mouthwashes, breath fresheners, toothache medicines, and even food items that contain alcohol. These substances can leave residual alcohol or alcohol-like compounds in your mouth, causing the breathalyzer to produce an inaccurate reading.

Environmental Factors

Environmental factors, such as exposure to paint fumes, varnish, adhesives, or other chemicals, can also impact the accuracy of a breathalyzer test. If you were in an environment with these substances before or during the test, it could have contaminated the breath sample and affected the results.

Improperly Administered Tests

Breathalyzer tests must be administered correctly to ensure reliable results. For a court to admit the test results as evidence, the officer must have obtained the breath sample following specific requirements. These include ensuring the sample comes from deep lung air, observing the individual for at least 15 minutes before the test, and making sure the person did not eat, drink, smoke, vomit, or regurgitate during that time. Any deviation from these protocols can be grounds for challenging the test results.

Unlawful Search

Even if the breathalyzer test was properly administered and calibrated, you can still challenge the results if the arresting officer did not have probable cause to use the device in the first place. The officer must have reasonable suspicion to pull you over, such as erratic driving or breaking a traffic law, and probable cause to believe you were intoxicated, such as slurred speech or impaired motor skills. If these criteria are not met, your attorney can file a motion to suppress the breathalyzer test results as a violation of your Fourth Amendment rights against unlawful search and seizure.

Challenge the Prosecution's Evidence

In some cases, you may be able to challenge the prosecution's evidence by presenting expert testimony on the scientific inaccuracy of breathalyzer test results. Factors such as temperature, atmospheric pressure, the chemical composition of the individual's blood, physical activity, and hyperventilation can lead to variable and questionable results. An experienced DUI attorney will know how to navigate these challenges and present the best defense for your particular case.

Frequently asked questions