Can I Get a DUI from Drinking Kombucha?
Arizona has some of the toughest DUI laws in the country, with convictions resulting in offending drivers being required to provide clean breath samples to their ignition interlock devices in order to drive once their driving privileges have been restored. Drivers should always be aware of what they are drinking and how it might intoxicate or impair them before getting behind the wheel of a vehicle.
What is Kombucha?
Kombucha is a fermented beverage comprised of tea, sugar, bacteria, and yeast. Many people feel the beverage provides health benefits, such as incorporating extra probiotics and easing various stomach ailments.
What is the Alcohol Content of Kombucha?
Because kombucha is fermented, it contains a small amount of alcohol. This amount can vary depending on the manner in which it was brewed. As reported by the University of Nebraska-Lincoln’s University Health Center:
According to the Alcohol Tax and Trade Bureau, most store-bought kombucha will have around 0.5% alcohol by volume. By comparison, a typical beer will have about 5% ABV. This means you would have to drink at least 10 servings of kombucha to equal the alcohol content of a single beer.
Can I Get a DUI After Drinking Kombucha?
Because kombucha’s alcohol by volume is so low, it is highly unlikely that it would cause a driver to become intoxicated. However, Arizona has a zero-tolerance policy when it comes to DUI charges. While a BAC level of .08 will result in an automatic DUI conviction, Arizona can convict a driver for a DUI regardless of the BAC level if impairment can be proven. This is referred to as being “impaired to the slightest degree.”
Will Kombucha Affect my Breath or Breathalyzer Result?
A driver can be asked to perform field sobriety tests if a law enforcement officer even suspects that alcohol may be involved. Having “kombucha breath” while pulled over by a police officer may cause them to suspect the presence of alcohol and can lead them to a charge of driving under the influence.
Kombucha can also cause issues with breathalyzer tests and the use of ignition interlock devices. These devices can be inaccurate, and they are incapable of distinguishing between intoxicating alcohol and otherwise harmless alcohol content, such as that found in kombucha. As a result, the presence of kombucha on a driver’s breath could result in a “false positive” on a breathalyzer test or ignition interlock device.
If you have been charged with a DUI, call Rideout Law Group today to build your best defense.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
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At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.