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Can Energy Drinks Set Off a Breathalyzer? False Positives Explained

4 min read

According to one study, nearly 90% of popular energy drink brands contain trace amounts of ethanol, raising the critical question: Do energy drinks set off breathalyzers? The answer is a nuanced 'yes, but only temporarily,' with false positives being a known issue, especially on less-sophisticated devices.

Quick Summary

Energy drinks can cause temporary false positive breathalyzer readings on portable devices due to trace alcohol content. The effect is typically short-lived and does not reflect a person's actual blood alcohol concentration.

Key Points

  • Trace Alcohol: Many energy drinks contain trace amounts of ethanol from their manufacturing or fermentation process.

  • Mouth Alcohol Effect: False positives are caused by residual "mouth alcohol" immediately after consumption, not systemic blood alcohol.

  • Time Is Key: Waiting 15 minutes after consumption allows mouth alcohol to dissipate naturally, preventing a false positive.

  • Portable vs. Evidential: Portable roadside testers are more susceptible to false positives from energy drinks than the more accurate, evidential machines used at police stations.

  • Take Proactive Steps: Rinsing your mouth and informing the officer about recent energy drink consumption can help ensure an accurate breath test.

  • Know Your Rights: Being aware of the standard 15-minute observation period is important; if it's skipped, it could provide grounds for a legal defense.

  • Other Interfering Substances: Factors like mouthwash, certain medications, and fermented foods can also cause similar temporary false readings.

In This Article

The Science Behind Breathalyzer Readings

To understand if energy drinks can trigger a breathalyzer, it's crucial to know how these devices work. A breathalyzer estimates blood alcohol content (BAC) by analyzing alcohol in exhaled breath from the lungs. Highly calibrated breathalyzers used by police detect ethanol with precision. However, 'mouth alcohol,' from substances in the mouth or digestive tract, can interfere and cause a false high reading. Sources include mouthwash, fermented foods, and trace ethanol in some drinks. This mouth alcohol dissipates quickly, which is why a 15-minute observation period is standard before a test.

The Energy Drink Connection: How False Positives Occur

Studies have shown that many energy drinks contain residual ethanol from production, which can cause temporary false positives on breathalyzers if a test is taken immediately after consumption. A study by the Missouri Department of Health confirmed that while advanced breathalyzers weren't affected, portable breath tests (PBTs) showed positive results within one minute of volunteers drinking energy drinks. These false readings disappeared after 15 minutes, indicating they were due to mouth alcohol, not bloodstream alcohol.

What Other Common Items Can Cause False Positives?

  • Mouthwash and Breath Sprays: Often contain high alcohol levels.
  • Fermented Foods: Ripe fruits, bread, and pastries can have trace alcohol.
  • Medicines: Some cough syrups and other medications contain alcohol.
  • Medical Conditions: Diabetes can produce acetone, which some older breathalyzers might mistake for alcohol.
  • Belching or Burping: Can bring up alcohol vapor from the stomach.

Portable vs. Evidential Breathalyzers

The type of breathalyzer impacts the risk of a false positive from an energy drink.

Factor Portable Device (PBT) Evidential Device (EBT)
Accuracy Generally lower; for roadside screening. High accuracy; provides court evidence.
Sensor Technology Less specific semiconductor sensors. More precise fuel-cell or infrared technology.
Test Purpose Helps establish probable cause for arrest. Produces legally admissible BAC evidence.
Risk of Mouth Alcohol False Positive Higher risk, especially immediately after consumption. Lower risk due to advanced technology and procedures.
Safeguards Fewer or none against mouth alcohol. Built-in detection and observation periods.

How to Avoid a False Positive

To prevent a false positive from an energy drink, focus on eliminating mouth alcohol:

  • Wait: Allow at least 15 minutes after finishing the drink before taking a test.
  • Rinse: Thoroughly swish and spit water to clear residual alcohol.
  • Inform: Tell the officer you recently had an energy drink and request the 15-minute observation.
  • Consider Refusing PBT (where legal): Roadside PBTs are voluntary in some areas and less accurate than evidential tests.
  • Contact a Lawyer: If arrested based on a suspected false positive, consult a DUI defense attorney.

Conclusion

Energy drinks can cause a temporary breathalyzer false positive due to trace ethanol and mouth alcohol, primarily on less accurate portable devices immediately after consumption. This issue is short-lived and doesn't reflect actual BAC. Understanding the difference between mouth and deep-lung alcohol is key. Waiting 15 minutes and rinsing your mouth are effective ways to ensure an accurate test.

You can find an authoritative study on this topic from the Missouri Department of Health and Senior Services here

How the Energy Drink Test Was Conducted in the Missouri Study

The Missouri study tested 27 energy drink brands, confirming trace ethanol in many. Volunteers were tested with PBTs one minute and 15 minutes after drinking. Positive results appeared within the first minute but vanished by the 15-minute mark, highlighting the importance of the standard observation period for reliable results.

What to Do If You're Pulled Over After an Energy Drink

If stopped after consuming an energy drink, calmly inform the officer and request the 15-minute observation period to allow mouth alcohol to dissipate. If arrested, document details like when you finished your drink and the test time for your legal defense. Consulting a lawyer familiar with breathalyzer issues is crucial.

Legal Implications of a False Positive

A false positive on a portable breathalyzer can provide probable cause for a DUI arrest. Challenging the reliability of the initial test, especially if the 15-minute observation was skipped, is key in court. A lawyer can help challenge the test's validity.

Conclusion: Navigating the Breathalyzer Test

While energy drinks can cause temporary breathalyzer issues due to mouth alcohol, this can be managed. By knowing how breathalyzers work, the difference between device types, and taking steps like waiting and rinsing, you can confidently approach a test. Awareness of potential interferences is the safest strategy.

Final Summary: Energy drinks can cause a temporary false positive on portable breathalyzer devices due to trace ethanol. This is caused by mouth alcohol, not blood alcohol, and can be avoided by waiting 15 minutes and rinsing your mouth with water.

For More Information: To understand breath testing science and accuracy, refer to resources like Smart Start.

The Difference Between Mouth and Deep Lung Alcohol

Breathalyzers measure deep lung alcohol, which reflects BAC, not mouth alcohol. Mouth alcohol from substances like energy drinks creates a temporary, concentrated vapor that yields a false high reading if tested immediately. Deep lung alcohol is absorbed into the bloodstream and exhaled.

Calibration and Reliability of Breathalyzers

Breathalyzer accuracy depends on regular calibration and maintenance. Law enforcement devices are calibrated on schedule, making them more reliable. However, factors like failing to observe the 15-minute waiting period can still lead to errors.

Addressing the High-Sugar and Fermentation Factor

Sugar alcohols in diet drinks can potentially affect interlock devices, though rarely. Sugary drinks can also ferment in the mouth or stomach, releasing small amounts of ethanol. This fermentation, combined with trace ethanol from production, further explains why rinsing and waiting are important before a breath test.

Frequently Asked Questions

Not all energy drinks will cause a false positive, but studies show that a significant percentage of popular brands contain trace amounts of ethanol, enough to be detected by a breathalyzer immediately after drinking.

The effect from mouth alcohol is most pronounced within the first 60 seconds after consumption and typically disappears completely within 15 minutes.

A breathalyzer measures alcohol vapor in a breath sample. If residual alcohol is in the mouth, it gives a temporary, high reading that doesn't reflect your actual blood alcohol concentration (BAC), which is measured from deep-lung air.

It is a standard protocol where law enforcement officers observe a subject for 15 minutes before administering a breath test. This allows any mouth alcohol, including that from an energy drink, to dissipate and ensures a more accurate reading.

Portable roadside devices (PBTs) are less accurate and more susceptible to false positives than the larger, more precise evidential machines used at police stations. Calibration issues, mouth alcohol, and other substances can all cause errors.

Other substances that can cause a false positive include mouthwash, certain medications (like cough syrup), fermented foods, high-protein diets, and medical conditions such as GERD or diabetes.

Politely inform the officer that you just consumed an energy drink, request the 15-minute observation period, and if arrested, contact a DUI defense attorney immediately. A lawyer can challenge the test's validity based on the circumstances.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice.