Overland Park Criminal & DUI Defense

Court Finds Breath Mints Are Evidence of DUI?!

Court Finds Breath Mints Are Evidence of DUI?!

According to a Texas Court of Appeals Ruling in April of 2013, the use of breath mints is evidence that a driver is intoxicated. No, you didn't read that incorrectly... The name of this case is Richardson v. Texas in the Texas Court of Appeals.

The case arose from a stop of Limo driver Robert Richardson while he was transporting clients to the airport on August 25th, 2010. Richardson was pulled over for changing lanes without signaling, a very common offense not necessarily indicative of drunk driving. Once at the vehicle the officer noticed the mild odor of alcohol, and asked if anyone in the car had been drinking, everyone in the vehicle denied drinking. The officer then went back to his car, and prepared a warning ticket for changing lanes without signaling. When he went back to the vehicle with the warning in hand, he noticed the smell of breath mints. After handing Mr. Richardson back his license, and the warning ticket, the officer asked Mr. Richardson if he had just taken a breath mint? To which Mr. Richardson replied "Yes".

After this exchange the Trooper asked Mr. Richardson to get out of his car. After which Mr. Richardson was arrested, and convicted of DUI. Leading to this case being taken up by the Texas Court of Appeals, where they upheld the conviction.

So remember, if you are in Texas, don't take breath mints if you are pulled over, you might be charged with DUI!!!

This is just the latest in news of the ridiculous in the world drinking and driving law.

If you or someone you know has been charged with a DUI or other Criminal Charges in Kansas, contact our office in Overland Park for a free case evaluation with The KC DUI Guy, Attorney Robert C. Gigstad today.

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