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Non-alcohol foods and beverages that can spur a DUI arrest

On Behalf of | Mar 7, 2023 | Drunk Driving |

As a licensed driver in Indiana, you must always adhere to traffic laws when you’re behind the wheel. If a police officer pulls you over for suspected drunk driving, you’ll likely be asked to do several things, such as exit your vehicle and submit to a preliminary alcohol screening. You might assume that, if you have not consumed alcohol, you can easily pass a breath test. However, do you know there are several non-alcohol foods and beverages that can cause you to fail such a test, resulting in a DUI arrest?

It is imperative to have a clear understanding of Indiana DUI laws, as well as to be aware of your rights, so that you know what you must do and what you do not have to do during a traffic stop. For instance, you are free to decline a request to take a roadside breath test. If you’re going to take such a test, you will want to know more about foods and beverages that can cause you to register positive for alcohol, even if you have not been drinking.

Consuming these products can register false positives on a breath test

You might think it sounds illogical to say that you could undergo a DUI arrest when you have not consumed any alcohol. The following list shows several foods and beverages that can cause a preliminary alcohol screening device to register a false positive:

  • Energy drinks
  • Fermented soda or health drinks
  • A protein bar
  • Ripe fruit
  • Macadamia nuts
  • Sourdough bread
  • Sugar-free chewing gum
  • Hot sauce

You might have enjoyed a night out with your friends at your favorite wings place. You’re the type of person who thinks “the spicier, the better” when it comes to wings. Even if you did not drink any alcohol, you could wind up being taken into custody for DUI if you take a breath test during a traffic stop and the hot sauce you used earlier that evening causes a false positive.

Additional issues that can cause you to fail a DUI breath test

Foods and beverages aren’t the only issues that can cause you to register positive for alcohol on a breath test when you haven’t consumed any alcoholic beverages. If you are hypoglycemic or have diabetes or acid reflux, these conditions can also cause faulty results on a roadside breath test device.

Stay calm, and know how to defend your rights

Being arrested for DUI does not necessarily mean a conviction, or even that your case will go to trial. In any event, it is helpful to have a clear understanding of Indiana laws and to know your rights, as protected under the U.S. Constitution. If you believe a personal rights violation has occurred or that you registered a false positive on a breath test, you can address such matters in court, with the hope that the evidence you present will convince the judge to rule in your favor.