Will tiramisu set off a breathalyzer? Unpacking the mouth alcohol effect

A study by All Car Leasing once found that eating two portions of tiramisu could bring a person close to the legal drink-driving limit. While intriguing, the question of 'will tiramisu set off a breathalyzer?' is more nuanced, involving a distinction between true intoxication and temporary, localized mouth alcohol.

Quick Summary

Tiramisu contains small amounts of alcohol, but the primary concern for breathalyzers is residual mouth alcohol, not intoxication. Proper testing procedures mitigate false positives.

Key Points

• Mouth Alcohol Is Key: Tiramisu's small alcohol content can temporarily register on a breathalyzer if a test is taken immediately after consumption due to residual alcohol in the mouth.

• Intoxication is Unlikely: You would need to eat a massive, unrealistic amount of tiramisu to achieve a state of actual intoxication from the dessert.

• Observation Period Is Crucial: Law enforcement uses a mandatory 15-20 minute observation period before a breathalyzer test to ensure any mouth alcohol has dissipated.

• Recipe Varies Widely: The amount of alcohol in tiramisu varies significantly between homemade recipes and commercially prepared versions, many of which are alcohol-free.

• Know Your Rights: If you are tested shortly after eating and receive a high reading, you can mention your recent consumption and ask for a blood test for a more accurate result.

• Other False Positive Causes Exist: Medical conditions like diabetes or acid reflux, and products like mouthwash, can also cause false breathalyzer readings.

The Alcohol Content in Tiramisu

Traditional tiramisu recipes often include alcohol, typically in two different components. The ladyfingers, or savoiardi, are soaked in a liquid mixture that includes a strong espresso and a type of alcohol, most commonly Marsala wine, rum, or a coffee-flavored liqueur like Kahlúa. Additionally, some recipes call for Marsala to be whisked with egg yolks and sugar over a double boiler to create a zabaglione, which is then folded into the mascarpone cream.

While some alcohol is cooked off during the heating process for the zabaglione, a significant amount remains in the coffee-soaked ladyfingers, as this part of the preparation does not involve heat. The total alcohol content per serving can vary widely depending on the recipe and quantity of liqueur used. Homemade versions might be more potent, while many commercially prepared tiramisus contain only trace amounts or are entirely alcohol-free. An individual would have to consume an extremely large amount of tiramisu to become intoxicated solely from the dessert.

Alcohol in commercial vs. homemade tiramisu

• Commercial Tiramisu: Many store-bought or restaurant tiramisus have very low alcohol content, if any, especially those intended for a wider audience including children. This is often noted on packaging or menus.
• Homemade Tiramisu: The alcohol level here is entirely dependent on the cook. Some recipes use generous amounts of rum or Marsala, while others use very little or replace it with a non-alcoholic extract.

How Breathalyzers Work and the Mouth Alcohol Problem

Breathalyzers are devices designed to measure blood alcohol content (BAC) by analyzing the alcohol concentration in a person's breath. When alcohol is consumed, it is absorbed into the bloodstream and carried to the lungs, where it is exhaled. However, a key issue that can affect the accuracy of a breathalyzer test is the presence of "mouth alcohol".

This refers to any residual alcohol in the mouth, throat, or stomach that has not yet been absorbed into the bloodstream. If a person blows into a breathalyzer shortly after consuming an alcohol-containing food like tiramisu, the device may pick up this residual alcohol. Because the breathalyzer assumes the alcohol is from the deep lungs and multiplies the concentration to estimate BAC, even a tiny amount of mouth alcohol can cause a falsely high reading.

The 15-Minute Observation Period

To combat the issue of mouth alcohol, law enforcement officers are trained to observe a suspect for a period of 15 to 20 minutes before administering a breathalyzer test. This waiting period allows any residual alcohol in the mouth to dissipate. If the subject burps, belches, or vomits during this time, the clock is reset. This standard procedure is a crucial safeguard against tiramisu and other food-related false positives.

Potential for a Tiramisu-Related False Positive

While a bite of tiramisu will not get you drunk, it could theoretically produce a high reading on a breathalyzer if the test is administered within minutes of consumption. For a false positive to occur, two conditions must be met:

1. Recent Consumption: The individual must have consumed the tiramisu very recently, allowing a localized concentration of alcohol to remain in the mouth.
2. Improper Procedure: The law enforcement officer must fail to follow the standard 15-20 minute observation protocol before administering the test.

If the proper procedure is followed, the alcohol from the dessert will have dissipated from the mouth, and any alcohol from the tiramisu that has entered the bloodstream will be far too minuscule to register a legally significant BAC.

Comparing Mouth Alcohol vs. Deep Lung Alcohol

Feature	Mouth Alcohol from Tiramisu	Deep Lung Alcohol from Intoxication
Source	Residual alcohol in mouth and throat from recent consumption	Alcohol from the bloodstream entering the breath in the lungs
Reading Type	High but temporary, quickly dissipates	Rising or falling gradually, persists for hours
Cause of Reading	Improper testing protocol, recent eating	Actual consumption of alcoholic beverages
Legal Outcome	Reading is often invalid and can be challenged	Reading is typically valid and can be used as evidence

Other Factors Influencing Breathalyzer Accuracy

It is important to remember that tiramisu is not the only potential cause of a misleading breathalyzer result. Several other factors can influence the reading:

• Medical Conditions: Individuals with diabetes can have high levels of acetone on their breath, which some breathalyzers may misinterpret as alcohol. Acid reflux (GERD) can also bring stomach contents and alcohol vapor into the mouth.
• Other Alcohol-Containing Products: Mouthwash, cough syrup, breath sprays, and even certain asthma inhalers can contain enough alcohol to cause a false positive if used shortly before a test.
• Device Calibration: Breathalyzer devices require regular calibration and maintenance to remain accurate. An improperly calibrated device can provide an erroneous reading.
• Environmental Factors: Radio frequency interference from police radios or cell phones can affect the test.

What to Do If You Believe Tiramisu Caused a Faulty Reading

1. Politely state the facts: Inform the officer that you have just eaten tiramisu and ask if you can wait for the 15-minute observation period.
2. Request a blood test: If an officer proceeds without a proper observation period and you believe the reading is inaccurate, a blood test will provide a definitive BAC measurement and is more accurate for legal purposes.
3. Consult legal counsel: If you are arrested, it is critical to seek legal representation immediately. A defense attorney can challenge the breathalyzer's accuracy based on procedural errors or other factors.

Conclusion

While it is technically possible for tiramisu to cause a high, temporary reading on a breathalyzer, it is highly unlikely to lead to a legitimate DUI conviction. The small amount of alcohol in the dessert would require an immense quantity to cause actual intoxication. The primary risk lies in a false positive caused by mouth alcohol, which is easily avoided with proper observation protocol by law enforcement. A driver's best course of action is to politely state what they have consumed and ensure the proper waiting period is observed before any test. Ultimately, the small, residual amount of alcohol is a minor factor compared to the other variables that can affect a breath test's accuracy.

Learn more about factors affecting breathalyzer accuracy by reading up on the science at Wikipedia's page on Breathalyzers.

Frequently Asked Questions

Can tiramisu cause a false positive breathalyzer result?

Yes, tiramisu can potentially cause a temporary, false positive breathalyzer result if the test is administered immediately after eating, due to residual 'mouth alcohol'.

How long should I wait to take a breathalyzer after eating tiramisu?

Law enforcement procedure dictates a 15 to 20-minute observation period before administering a breathalyzer test to ensure any mouth alcohol dissipates.

Does store-bought tiramisu contain alcohol?

Not always. Many commercially prepared tiramisus contain little to no alcohol, especially those sold in supermarkets. Always check the ingredients list if you are concerned.

Is tiramisu safe for children to eat?

Tiramisu made without alcohol is safe for children. However, traditional recipes contain uncooked alcohol and are generally not recommended for children due to the raw eggs and alcohol content.

Could a diabetic get a false breathalyzer positive from tiramisu?

While unlikely, a person with diabetes has a pre-existing risk of false breathalyzer positives due to high acetone levels on their breath, which can be misidentified as alcohol by some devices.

What other foods can cause a false positive breathalyzer reading?

Foods cooked with alcohol, rum balls, and even some fruit juices that have fermented can potentially cause a false reading due to mouth alcohol if consumed right before a test.

Is a breathalyzer test foolproof?

No, breathalyzers are not foolproof. Their accuracy can be affected by factors like medical conditions, mouth alcohol, device calibration, and environmental factors.