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Can vaping lead to a DWI charge in Minnesota?

On Behalf of | Sep 9, 2024 | DWI

The breath alcohol test is one of the most common ways to test if a person is driving while intoxicated. Unfortunately, breath tests are not foolproof. Several factors can influence the results and potentially lead to a DWI charge despite the person’s innocence.

Vaping or e-cigarette use has become more widespread over the past few years, not just in the state but across the U.S. However, not every vape user is aware that it may influence breath tests and result in a DWI arrest.

How vapes can affect breathalyzer tests

E-liquids, or flavored nicotine solutions, used in vapes and e-cigarettes typically contain ethanol. It can be a listed or unlisted ingredient. Ethanol is a pure form of alcohol. As such, vape liquids containing high concentrations of ethanol can skew breathalyzer test results and cause false positives.

A study published in 2022 found that preliminary breath tests can detect alcohol if the vape liquid has 20% ethanol and the breath test was conducted immediately. In order to ensure an accurate result, you need to wait 15 to 20 minutes before taking the test.

Other factors that can cause false positive results

Vaping is far from the only thing that may affect alcohol breath tests. Anything containing ethanol can skew the results. Unfortunately, ethanol is a common ingredient in the following products:

  • Mouthwash
  • Breath sprays
  • Hand sanitizers
  • Cough syrup and other medications

Even eating certain food may contribute to a false positive—such as fermented food, protein bars and hot sauce or spicy foods.

Using vaping as a defense

It is best to inform the officers if you have been vaping to avoid inaccurate breath test results. It is also best to inform them of any products you may have used or food you may have eaten that might cause a false positive.

If you take a breath test without any waiting period after you’ve been vaping and get charged with DWI, there may be a possibility to dismiss the charges. An experienced DWI attorney may help you build your defense and prove your innocence.

 

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