Blame the Listerine?

listerine bottleThere was a weird -- and sad -- story in the TU today about a guy in Rensselaer County who failed a court-ordered sobriety test -- and his attorney blamed... Listerine.

The excuse apparently didn't go over well with the judge. And it seems laughable. But it got us wondering: is apparent-intoxification via mouthwash possible?

Well, first off, Listerine is about 27 percent alcohol. So, the idea isn't totally crazy.

The test the man failed involved one of those breath-analyzing machines (the term Breathalyzer is actually a brand name and only one version of the device). These machines measure blood alcohol levels by analyzing the alcohol that's evaporating out of the blood from the tiny sacs the lungs use to mix oxygen and blood.

Of course, that evaporated alcohol has to travel up from the lungs and out a person's mouth. And that's where things can apparently get a little mixed up. If there's alcohol in a the mouth -- from, say, mouthwash -- the machine can read that, too.

A study first reported in 1985 looked at the effects of Listerine usage on these tests. It found that people tested right after using Listerine scored almost lethal alcohol levels. And after five minutes, people were still registering illegal levels. The effect seemed to pretty much be gone after 10 minutes.

So, bottom line: it sounds like it's possible Listerine could influence a sobriety test -- but only if you swished it a few minutes before blowing into the machine. After that, the excuse kind of... stinks.

One sure way for the mouthwash to cause a failed test: drinking it (which, of course, you should not do). A few years back a woman in Michigan pleaded guilty to DUI after she told police she had drunk three glasses of Listerine.

photo: by Flickr user √oхέƒx™

Comments

"A few years back a woman in Michigan pleaded guilty to DUI after she told police she had drunk three glasses of Listerine."... True, but that was my ex-mother-in-law from Oklahoma...

I swear they did that on Mythbusters but I can't remember what the outcome was. I'm pretty sure just about all of the "alcohol myths" in that episode were busted though.


I seem to recall Steven King saying 'You don't drink the Listerine. Every drunk knows that. Scope tastes much better' in an interview.

@summer: yes there was a Mythbusters episode, but the other way around if I recall; they were trying to find a way to hide their alcohol level, not to trigger false positives. And you are right, they busted it, they couldn't conceal they were drunk.

@S.- that's right. I knew there was Listerine and a breathalyzer involved. OT, the beer-goggle bit was hilarious.

Listerine is 26.9% alcohol, about 54 proof, so yes, it won't make you a happy drunk, but it will impare you, and absolutely show up on an alcohol test.

If you took the test with some in your mouth at the time, you would register as dead drunk.

On the mythbusters episode, to see whether listerine would fool an alcohol test, the outcome was that they actually blew .03 HIGHER, than before.

I like that Tom's of Maine brand mouthwash, which is alcohol-free.

I used to be a breath alcohol technician. One of the requirements is that if the first test is failed, then another is administered in 15 minutes. While alcohol based mouthwash or sprays can give a false positive, it dissipates rather quickly. If the BAT who was administering his test did not give the second test, I can see that as an argument, but anyone who is a professional would have done so.

It happened to me. Got pulled over by the cops after trying to overtake a slow vehicle, so that I could get to a job interview on time. (I live in the middle of nowhere - you get stuck behind a dump truck on a one-lane road, and a 10 minute trip turns into a 60 minute slog.)

Had used Listerine just before I left the house, for minty interview confidence, and so the cops arrested me after they pulled out the breathalyzer. Complete ignored my mouth wash claim. Then, because they'd 'got' me for DUI, they tried to pin some other quota-meeting crimes on me too, like charging me with my tyre iron being an 'offensive weapon'.

20 minutes later they did a second BAT test in the precinct and my 'blood alcohol' was back to normal. By the time they released me uncharged, the job interview was long over. Unsurprisingly for cops, they didn't apologise.

Say Something!

We'd really like you to take part in the conversation here at All Over Albany. But we do have a few rules here. Don't worry, they're easy. The first: be kind. The second: treat everyone else with the same respect you'd like to see in return. Cool? Great, post away. Comments are moderated so it might take a little while for your comment to show up. Thanks for being patient.

The Scoop

Ever wish you had a smart, savvy friend with the inside line on what's happening around the Capital Region? You know, the kind of stuff that makes your life just a little bit better? Yeah, we do, too. That's why we created All Over Albany. Find out more.

Recently on All Over Albany

Morning Blend

No arrests have been made in the string of suspicious fires early Monday in Lansingburgh. Troy police have increased patrols in the area, and city... (more)

Coming up: Sarah Fish on the Food Network

Back in February Sarah Fish mentioned to us that she was lined up to be on the Food Network Show Guy's Grocery Games. And now,... (more)

Teammates

Pictured above: The 1932 Albany High School senior girl's basketball team, which had a "record that would be difficult to surpass" (it included a surprise... (more)

Directions in sculpture

Art break: Check out this short film about Albany artist Abe Ferraro and his LEGO/erector set-like shipping box sculptures. The video is part of... (more)

Capital Region county fairs 2014

County fair season in the Capital Region starts this week with the opening of the Saratoga County Fair in Ballston Spa. And there will be... (more)

Recent Comments

Although it's outside the Capital Region and so naturally isn't included in the AOA listing, as ever I remind everyone that the Dutchess County Fair is the biggest of all NYS county fairs and worth the trip to Rhinebeck.

Photos from Rail, River, Hudson

...has 11 comments, most recently from laiskiainen

Directions in sculpture

...has 1 comment, most recently from Chuck

Road Trip: Great Barrington

...has 6 comments, most recently from Christina Gammon & Bill Walsh

Capital Region county fairs 2014

...has 2 comments, most recently from Ryan

The $1,000 tip at The Ginger Man

...has 6 comments, most recently from James