Question: How can mouth alcohol be used as a DUI defense in Oklahoma?
Answer: We spoke a little bit earlier about absorption of alcohol. And if you think, when you drink, it goes into your stomach. And particularly one of the common beverages is beer and a crude part of associated with beer drinking is belching. And I think we all realize that when we eat something or drink something, it takes awhile before it leaves the stomach and moves in to the rest of the body system. That means you still, at some, for a good period of time have pure alcohol in your body, in your stomach—that’s alcohol that has not been absorbed, it’s just sitting there. When you belch or burp or if you have GERD, something of that nature, you’re really putting the alcohol vapors directly back into your airstream. There’s a difference because that is going to be converted and multiplied by a huge number to replicate what it actually should be if it were absorbed into your bloodstream. You will get an extremely high reading if there is mouth alcohol present.