Vaping and breathalyzers

[pieces of cake]

Hey all. I know this general topic has been discussed before, but I'm really hoping someone can help me find some scientific studies or research on the possibility of a falsely elevated BAC reading on a breathalyzer test after heavy vaping (doesn't really matter if the studies were performed in the United States, U.K. or any other country).

Many of us know with absolute certainty that vaping certain juices can falsely elevate BAC readings. We've purchased our own breathalyzers and tested this at home. Or perhaps we have interlock devices on our vehicles, or we have been ordered by a court of law to submit to regular or random breathalyzer tests using court-issued portable or in-home breathalyzers, etc. And many of us have found that we cannot start our vehicles or have failed the random or scheduled breathalyzer tests after vaping. Those of us who have had one or more of these experiences KNOW that this is a very real (and potentially VERY serious) issue.

What we know holds very little (or zero) weight in a court of law, unless there is some scientific evidence to back up the claim. Due to a legal matter, I am searching desperately for any and all sources of scientific research on this subject.

Your assistance would be incredibly and forever appreciated. Thank you in advance!

 

[Skeebo]

Your assistance would be incredibly and forever appreciated. Thank you in advance!

A quick google search brings up the subject. The zero tolerance policy in these matters and the thought process behind that are probably going to be your biggest hurdles. I am sure you understand their point of view.

The only thing I could find in regards to studies was this:

A US study of the effects of alcohol in e-liquids | Vaping Post

That popped up after a quick search, perhaps you can find something else more applicable.

The compassionate side of me wishes you good luck in this matter.

 

[Letitia]

Have you tried not vaping for awhile before getting in the car? Other than that with some research you can find flavors 100% alcohol free.

 

[Haktuspit]

I was taught to always refuse a breathalyzer anyways, even if you're dead sober, by lawyers. Knowing that this is even possibly a concern only reinforces that logic.

 

[BigPappa]

I was taught to always refuse a breathalyzer anyways, even if you're dead sober, by lawyers. Knowing that this is even possibly a concern only reinforces that logic.

I have heard the opposite. Refusing results in automatic revocation of your license. At least with a breathalyzer your lawyer can argue the accuracy of the device, ask when it was last calibrated, etc and get your charges reduced.

Anywho. If there was alcohol in your flavoring during a roadside breathalyzer, it probably would be out of your system by the time you get to the police station for the real test.

But I doubt you would be very successful using vaping as an excuse because everyone would just do that.

 

[Don29palms]

If you don't drink and drive you don't have to worry about breathalyzer. Don't be a criminal to begin with.

 

[Skeebo]

I have heard the opposite. Refusing results in automatic revocation of your license. At least with a breathalyzer your lawyer can argue the accuracy of the device, ask when it was last calibrated, etc and get your charges reduced.

I don't know where he's from but in Florida refusing a breathalyzer will get you arrested and your license suspended.

 

[vaper1960]

Could it be the PG? I believe it's an alcohol related compound.
Off topic, but I also heard that if you have tooth issues (broken/cracked) alcohol gets trapped in there and can give really high readings... that sucks (I have to be in court soon for DUI and I had several broken teeth at the time)

 

[Don29palms]

Could it be the PG? I believe it's an alcohol related compound.
Off topic, but I also heard that if you have tooth issues (broken/cracked) alcohol gets trapped in there and can give really high readings... that sucks (I have to be in court soon for DUI and I had several broken teeth at the time)

VG is a type of alcohol.

 

[Haktuspit]

I don't know where he's from but in Florida refusing a breathalyzer will get you arrested and your license suspended.

Not in RI, at least not 15-20 years ago when most people were refusing breathalyzers. Your license would maybe still get suspended but you wouldn't have a DUI on your record. These laws vary by state I believe.

Also IF vapes are setting off breathalyzers than yes you would still have to worry about one even if you don't drink and drive. Imagine dropping your vape on the floorboards, swerving a little as you pick it up, and boom you got a DUI even though you hadn't had a sip of alcohol.

 

[smacuser]

Refusing gives you more time to lawyer up.

 

[Skeebo]

Not in RI, at least not 15-20 years ago when most people were refusing breathalyzers.

There was also a time when you could sit little two year old Johnny in the seat beside you as you plowed down I-95 in a 1972 Impala. Times have certainly changed a bit.

You might want to look up refusing a breathalyzer in Rhode Island--
Breathalyzer refusal in Rhode Island leads to immediate punishment. The first-time refusal of a BAC test will result in an 180-day license suspension and a fine up to $500. The second offense will result in a one-year suspension of driving privileges, up to $1,000 in fines, and possible jail time.

 

[Skeebo]

Judging from the original post I think the guy is already in the muck and is looking for something that could help his situation. Hence the part where he says: Due to a legal matter, I am searching desperately for any and all sources of scientific research on this subject.

The vagueness of the whole situation leads me to believe he blew a positive and is now trying to get out of it.

 

[Don29palms]

Judging from the original post I think the guy is already in the muck and is looking for something that could help his situation. Hence the part where he says: Due to a legal matter, I am searching desperately for any and all sources of scientific research on this subject.

The vagueness of the whole situation leads me to believe he blew a positive and is now trying to get out of it.

DING DING DING! Winner winner chicken dinner!

 

[Haktuspit]

There was also a time when you could sit little two year old Johnny in the seat beside you as you plowed down I-95 in a 1972 Impala. Times have certainly changed a bit.

You might want to look up refusing a breathalyzer in Rhode Island--
Breathalyzer refusal in Rhode Island leads to immediate punishment. The first-time refusal of a BAC test will result in an 180-day license suspension and a fine up to $500. The second offense will result in a one-year suspension of driving privileges, up to $1,000 in fines, and possible jail time.

That first part really cracked me up. Laws change for sure, usually not in RI but maybe they have.

I didn't know the exact laws but just knew everyone was told not to use a breathalyzer. Now you have me looking and I might know why...

For the first DUI offense in Rhode Island, the possible consequences include:

• Up to 1 year in jail
• $100 to $500 in fines and penalties
• License suspension for two to 18 months
• Ignition Interlock Device will not be required

If I was driving under the influence (something I never do) I would probably not be blowing in a breathalyzer. From what I was told by a lawyer it also makes it a lot easier for them to fight your case for you. And if I'm not mistaken refusal to blow and other charges that may stem from your incident carry a lot less insurance burden than an actual DUI.

Anyways I'm not out here to encourage drinking and driving but this just all got me curious. I'm more curious on OPs claim that he's certain vaping does set them off. Would love to see some reports on that and would like to know whether or not it's keeping him from driving his car.

 

[Skeebo]

If I was driving under the influence (something I never do) I would probably not be blowing in a breathalyzer. From what I was told by a lawyer it also makes it a lot easier for them to fight your case for you.

I wouldn't drive under the influence either. But on the off chance I did, I probably wouldn't stop the car at all..... Thelma & Louise comes to mind.

 

[Brewdawg1181]

Not gonna help. If you were drinking and driving, even though I did plenty of it back in the day, you should likely be convicted. Hey, I have loved ones, and am one (I'm told) myself. My attitude on the subject has changed a lot since I was a teen/20-something.

I had a customer, long ago in NC, that told me that he always kept a can of beer under his front seat. His plan was that if he was drinking, and got pulled over, he was gonna get out of the car and immediately down the whole beer in front of the cop. Then tell them that he only did it because he was nervous. He believed that he could then argue that he only drank that one beer, and because he drank it that fast, that's why he'd fail a breathalyzer. I have no idea if he ever got the opportunity to test his theory.

But I did have a friend in the 70's that did this: He'd been drinking, came upon a roadblock test. When he was about 2 cars from being checked, he began honking his horn furiously, and turned around, looking like he was annoyed at a car behind him doing the honking. He got waived through, so they could test the car behind him. He got away with it.

 

[smacuser]

Anna, I have sibling proof.

 

[stols001]

THIS IS A THING? No, no, this can't even be an urban legend. I'm sorry, I don't buy it. I have never heard of this defense before, although I have heard various sort of weird stuff about breath mints and work breathalyzers but even SO.

My kiddo had an interlock for 9 months (for driving on 16 hits of acid, but I don't believe they make an acid breathalyzer and it's more of a punitive thing ANYWAY.) He vaped through quite a bit of that time, maybe all of it. AND, you don't just breathalyze to start the engine any more, you also have to RANDOMLY blow if it lights up and honks at you AS you are driving. You only get so much time. I think the new ones are a bit unsafe.

I think "alcohol in my flavoring which has been mixed in my tank and has by now completely evaporated" is kind of a bogus defense, although it certainly is creative. I ALSO do not believe in something like a BARFIGHT causing broken teeth is gonna suddenly raise your alcohol to GOSH DON'T DRIVE especially if it was "I am going to get into a barfight now cuz it seems like good idea." Sorry, but I don't think one sort of casually loiters around after a barfight bleeding from the mouth until sober enough to drive home is like, the thought process.

I am a sober drunk and trust me, I know how we non sober "desperately seeking to not be drunk, or have some weird excuse" think like.

I also think the government would LOVE this defense too, as it would be one more reason to get rid of vaping, so for the love of God, you do the crime, ADMIT IT.

It's like when I realized I was gonna get a hair follicle test and I read up on it and I was like, "Well, I'm not going to boil my head in tar 7 times over the next week and repeatedly bleach it and color it and whatever."

THESE METHODS DO NOT WORK. Unless/until I see a reputable study PROVIN(G that vaping causes false BAC levels I am going to cry FOUL.

I am going to say also, at least in my state, refusing a breathalyzer does NOT buy you time, because you are immediately incarcerated and your vehicle impounded. So you only GET one phone call and you get to call your (sleeping) lawyer, or call someone to bail you out.

It's almost 2020. The world is no longer the kind and gentle place for the drunk or high driver that it used to be. Those days are long gone.

I am no fan of Uber, but anyone who can AFFORD to go out to drink in an establishment, can afford a freaking UBER. I'm not saying a crime won't be committed (as in the Uber driver might rob you or whatever) but YOU won't be facing legal charges, no ability to drive for a year or MORE while your case is disposed of as you face the dreaded Uber or even BUS to work every day, to pay your ever increasing LEGAL fees.

I done lived it with the kid, and it sucked, but BOY was I glad I was not HIM. His life was no playground.

If you are not drunk you should state to the police officer (if legal in your state most states it is) that you are recording/videotaping the conversation and then do that. Then, comply with the police officer's directions.

If you are not drunk, you will be fine. Lawyers have been challenging breathalyzers FOREVER. They don't win frequently because breathalyzers WORK.

Lawyers saying not to take one do so because they know they CANNOT fight the breathalyzer and they have a client they think is a habitual drunk driver.

Anna

 

[ScottP]

I don't know where he's from but in Florida refusing a breathalyzer will get you arrested and your license suspended.

I don't live in such an area, but if I ever am in one and get pulled over I will refuse even if I haven't had a drop in years. I would fight it on Constitutional grounds as it violates my right against self incrimination. Not to mention in many of those areas if you refuse they compel a blood test which is forcing a medical procedure on you. Would I win? Maybe not, but I'd sure make it cost them.