Blood alcohol concentration or blood alcohol content (BAC) is a measurement of the amount of alcohol in someone’s system. The higher the percentage, the more intoxicated a person is. In California, the legal limit for most drivers is .08%. Commercial drivers, young drivers, and drivers with prior alcohol-related charges may have lower legal limits.

Having a BAC over .08% and operating a vehicle could lead to charges of driving under the influence (DUI). If you’ve been charged with DUI in California, contact the Law Office of Sheny Gutierrez to speak with our DUI defense attorney. It’s important to discuss your case with a lawyer as soon as possible so they can start building a strong defense for you. There are numerous considerations in DUI cases that could impact the outcome, such as factors that might interfere with the breath alcohol test results.

How Food Consumption Influences Breath Alcohol Levels

Eating while drinking affects the rate at which alcohol is absorbed into the body. When the alcohol absorbs more slowly, less alcohol enters the bloodstream, which can result in lower BAC readings. Around 20% of the alcohol you drink is absorbed through your stomach, and eating before or while you drink can slow down the alcohol’s absorption in the stomach.

In fact, eating a meal before going out to drink is a common tip to avoid getting too drunk too quickly. Protein-rich foods are especially beneficial for this purpose.

The Science Behind Smoking and Breathalyzer Accuracy

Smoking can affect the results of a Breathalyzer because of the presence of acetaldehyde and alcohol absorption. Acetaldehyde is produced by smoking, and breath alcohol tests cannot always tell the difference between this chemical compound and the chemical compound found in the body after drinking alcohol. Therefore, smoking too soon prior to taking a Breathalyzer can cause the BAC reading to be inaccurately high.

Smoking can also slow down alcohol absorption because it can limit the body’s ability to empty gas. One drink consumed by someone who smokes regularly could show up as above the legal limit and lead to DUI charges since the alcohol takes longer to leave the system. However, slower absorption, like in the case of eating while drinking, could also cause lower readings.

Time Interval Between Eating, Smoking, and Taking a Breath Test

Both smoking and eating while drinking can slow the absorption of alcohol, but how that impacts BAC readings depends on a number of factors. Drinking on an empty stomach will likely cause your BAC to rise more quickly and fall more rapidly. However, drinking on a full stomach means that your BAC will probably rise slowly but for a longer period of time. It’s recommended that you wait 20 minutes after eating to take a breath alcohol test, but this will also depend on the time that has elapsed since the first drink.

Smokers should wait 15 to 20 minutes after smoking to take a Breathalyzer. This is especially important for e-cigarette smokers since liquids in e-cigarettes sometimes contain ethanol concentrations that are likely to show up on a breath alcohol test.

The legal implications of eating and smoking before a DUI test vary, but being charged with a DUI can ruin someone’s life even if they are not convicted. Your job, family, home, finances, and relationships will be negatively impacted by a DUI charge in Southern California.

Tips for Avoiding False Positives in DUI Breath Tests

False positives can occur if a driver smokes e-cigarettes too soon prior to taking the test or at the wrong interval after eating and drinking. False positives on a Breathalyzer may also occur if:

  • You use mouthwash or breath spray prior to the test
  • You eat hot sauce, fermented foods, protein bars, or certain fruit before the test
  • You drink energy drinks or fermented sodas prior to the test

Contact a Southern California DUI Defense Lawyer Today

If you’ve been charged with driving under the influence, contact the skilled legal team at the Law Office of Sheny Gutierrez as soon as possible. Our Santa Ana DUI lawyer will provide targeted advice and guidance regarding the next steps in your case and help you navigate the many legal requirements. Contact us today to schedule your free consultation.