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Being charged with DUI is a frightening experience. In the aftermath of the arrest it can be difficult to figure out your next step. The first thing you should do is get out of jail, and contact a criminal defense attorney so your rights are protected. There are deadlines that approach quickly after the arrest, such as the requirement you seek administrative review of the suspension of your driver’s license. From there, a thorough investigation is advised, so you can attack the arrest procedure or breath test results when appropriate.

One thing that has made headlines recently regarding breath tests is the use of a vape, or e cigarette, and how the chemicals in those devices can lead to false positives on breath tests. In order to understand this problem better, it is helpful to know what’s in a vape. The FDA has this to say:

  • Diethylene glycol, which is a key component of most anti-freeze.

● Tobacco.

● Other harmful tobacco specific carcinogens.

Substances that might be more familiar to you include chemicals found in asthma inhalers and mouthwash. The presence of these things can lead to false positives on breath tests, and cause you to be arrested for DUI when you’ve not been drinking. This is reason enough to challenge the test results and aggressively defend any DUI case. Until a more information is gathered and the effects of vapes are more well-known, it is advisable to consider all possible defense strategies for DUI’s.

If you have questions about DUI defense and how use of a vape can impact your case, call an experienced criminal defense attorney in Stuart and the Treasure Coast for help. Call us today to schedule an appointment that includes a free initial evaluation of the facts of your case.


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