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With the widespread disruption that the COVID-19 pandemic is causing, public officials are trying their hardest to quell its spread. At the advice of many health experts, these officials are encouraging social distancing and the frequent washing of hands. If washing their hands is unfeasible, the general guidance is that the person use hand sanitizer to clean their hands. With many people either far from sinks, being lazy, or just over-cautious hand sanitizer use has surged; now the main method of hand washing. That frequent hand sanitizer use is great for preventing the spread of pathogens, but its use could lead to legal issues.

Can a Person Be Charged With a DUI For Just Using Hand Sanitizer?

In short, yes a person can be charged with a DUI after hand sanitizer use even if they have not had a drink. However, being charged is entirely different than being convicted. A DUI charge does not conclude your legal story. With the right attorney, these sorts of cases can be resolved in your favor. Therefore, it is vital that you secure an attorney that understands the nuances and oddities of DUI law.

False Positive From Personal Hand Sanitize Use.

Teetotalers can breathe a sigh of relief. Use of alcohol-containing hand sanitizer will not get you drunk. However, studies have shown that the use of this sort hand sanitizer could result in false positives in tests for recent alcohol consumption. One article in the Journal of Analytical Toxicology showed that members of a study who frequently used alcohol-containing hand sanitizer had levels of alcohol-breakdown product in their urine that would indicate the subjects had recently consumed alcohol.

Hand sanitizers often contain ethyl alcohol, the same alcohol found in alcoholic beverages. When the hand sanitizer is used, the ethyl alcohol is absorbed into the body through the skin. The body will not differentiate this ethyl alcohol from the alcoholic beverages sort simply because it came through hand sanitizer. So, this results in the same urinary biomarkers being present during a urine alcohol analysis. This is a scary conclusion for those who opt to take a urine analysis as their DUI test.

However, to achieve these false positives, members of the study had to use hand sanitizer every five minutes for ten hours a day. That equated to roughly four ounces of hand sanitizer per day. While this much hand sanitizer use is common in health professionals, most other people will not approach this level of hand sanitizer usage. Despite the low-likelihood of using this much hand sanitizer, with COVID-19 changing the status-quo, individuals may want to avoid any hand sanitizer that contains alcohol.

Someone Else can Cause Your False Positive.

Studies continue to show that hand sanitizers can cause false positives in the tests that law enforcement use to make DUI determinations. These false positives can occur even without a person ever having used the hand sanitizer themselves. One study evaluating hand sanitizer use by those conducting breathalyzer tests found startling results.

To begin the study, researchers took the participants’ baseline breath analysis using an U.S. Department of Transportation and law enforcement agencies approved Alco-Sensor III breathalyzer. The initial results showed no participant had any positive reading for alcohol. In other words, they had a blood alcohol content (BAC) of 0.00. The researchers then used a 70% ethanol hand sanitizer on themselves and conducted another breath analysis of the participants. Those results returned a BAC reading of 0.15; almost double Arizona’s legal limit. To test whether time since application could cause a false positive, researchers again applied the hand sanitizer but waited several minutes before conducting another breath analysis of the participants. Still, even after the wait the results again returned a false positive in the participants’ BAC reading. Even when the researchers placed gloves over their hands, the BAC reading again returned a false positive.

Understandably, law enforcement personnel must use hand sanitizer. Officers frequently encounter and interact with surfaces that contain pathogens. After these interactions, officers do not have the luxury of simply washing their hands before continuing with their job. Therefore, hand sanitizer use in law enforcement practice is not going anywhere. However, these studies demonstrate that there exists a legitimate probability of false positives occurring in a DUI test. So, you and your attorney need to be cognizant of any possible defense that demonstrates you may be innocent of your DUI charge.

Hand Sanitizer Defense

It is important to tell you that informing an officer that you just used hand sanitizer will not cause the officer to forgo his DUI investigation or take his handcuffs off you. While arguing about hand sanitizer use will not have you released in the field, it does present a genuine argument in the court room. Experienced DUI attorneys understand that there are endless possibilities when it comes to potential hand sanitizer defenses. For example, if the phlebotomist performing a blood draw used hand sanitizer prior to putting on gloves and then subsequently grabs the gloves, he has potentially contaminated your blood with alcohol. Because the phlebotomist had placed hand sanitizer on his hands and then grabbed his gloves, the rubber gloves may now have some alcohol on the outside of the gloves. When the phlebotomist touches the spot where he will draw blood, he has effectively placed alcohol directly where the needle will be placed. Having an attorney who understands these possibilities could be the difference between you receiving a harsh conviction.

DUI Penalties

Arizona has severe driving under the influence (DUI) laws. While a traditional DUI case occurs when someone is driving with a blood alcohol content level of 0.08 or more; as a zero-tolerance state, Arizona law enforcement has the liberty to arrest anyone they suspect is driving while impaired or intoxicated. Therefore, DUI arrests are exceedingly common. Once arrested, Arizona DUI law contains harsh penalties.

A first offense for DUI with a BAC 0.08% or more is a class 1 misdemeanor. If you are found with a BAC level less than 0.08% but still impaired under A.R.S. § 28-1381(A)(1), then you also would be facing a class 1 misdemeanor. Both these DUIs carry a minimum ten days in jail (nine of those days are typically suspended.) You would be required to pay fines and fees, as well as have your driving license suspended. Next, your vehicle would require the installation of an ignition interlock device. Lastly, you may be placed on probation and be required to serve community service and receive a drug/alcohol assessment. These consequences are serious and costly. Thus, it is crucial for your case that you acquire an attorney who understands Arizona DUI law and can help you.

Let Us Help

Any DUI can result in serious and harsh consequences. Fighting a DUI requires a team of highly experienced DUI lawyers to ensure you receive the best result possible. Let Mesa DUI Lawyer’s  criminal lawyers and their knowledge of Arizona’s DUI law guide you through the process. The legal battle ahead will be led by strong representation and diligence.