If you have recently been pulled over by the police and arrested for a DUI, but you know you were not "under the influence," you need a DUI lawyer. He or she will tell you that there are certain things which can trip up a breathalyzer scan and/or bloodwork. The following are just three examples of some things that can cause you problems with the law when you did not intend to get into trouble.

Mouthwash

If you just gargled with mouthwash before leaving home or while on the road because you were running late, you could be arrested for a DUI. Many mouthwashes contain alcohol. Although it is not the same kind of alcohol you imbibe socially, the breathalyzer machines do not distinguish between types of alcohol. If you used mouthwash just prior to getting pulled over, your DUI lawyer can argue for dismissal of your charges. This is especially true if the arresting officer did not follow up with a blood test to confirm or deny the presence of alcohol in your blood.

Cough Syrup

Cough syrup is another thing that often confuses breathalyzer machines. Since some people are in the habit of taking a swig of cough syrup to address their colds and coughs, and since they often do this en route to work or some other important destination, it often gets them in trouble. If you clearly had a cold when you were arrested for a DUI and you know that you had just taken a dose of cough syrup with alcohol in it, this proves you were not "under the influence." The arresting officer's notes should have made note of your cough or cold and/or your appearance, which may be enough to undo the charges against you.

Prescription Opioids

Prescription painkillers, specifically prescription opioids, make a mess of the blood tests conducted on you after you have been arrested for a DUI. Although most officers are required to ask if you are on any prescription medication prior to arresting you for a DUI, that does not mean they always will remember to ask. That said, when these painkillers show up in your blood, you could be spending one or two painful nights behind bars until your lawyer can show that you were wrongfully arrested. Most of the time this just involves showing a judge your prescription pill bottle, and if you do not carry the bottle on you, friends and/or family will have to get it to give to your DUI lawyer.