Can Eating Breath Mints Affect Alcohol Breathalyzer Test ?
In People v. Bergman, 253 Ill. App. 3d 369, 373, 623 N.E.2d 1052, 1055, 191 Ill. Dec. 462 (1993), the court affirmed the trial court's denial of the motorist's petition to rescind his summary suspension.
There, the Court considered whether the trial court had erred in finding that eating breath mints just prior to taking the breath test did not render the test unreliable or invalidate it. Bergman, 253 Ill. App. 3d at 370, 623 N.E.2d at 1053.
In Bergman, the arresting officer had continuously observed the defendant during the 20-minute observation period. Bergman, 253 Ill. App. 3d at 371, 623 N.E.2d at 1054.
The defendant testified that, before his breath test, he put a breath mint in his mouth without the officer seeing him. Bergman, 253 Ill. App. 3d at 371, 623 N.E.2d at 1054.
The Court upheld the trial court's ruling in Bergman on the ground that there was sufficient evidence to show that the breath-test result was reliable even if the defendant had ingested a breath mint before taking the test. Bergman, 253 Ill. App. 3d at 377, 623 N.E.2d at 1057-58.