Hand Sanitizer Could Land You in Jail

If an alcohol-based hand sanitizer is used during a breathalyzer test, the test may show a false positive result which could lead to a DUI charge. Hand sanitizers emit alcohol vapors that float through the air. If vapors enter the mouth, they can cause a rise in blood alcohol readings and cause breathalyzer test equipment to malfunction.

Table of Contents

Hand Sanitizers and DUI Charges

Hand sanitizers containing alcohol, as well as other substances containing alcohol, can affect breathalyzer test results. Police officers and law enforcement personnel are responsible for ensuring that subjects do not come into contact with alcohol in any form at least 15 to 20 minutes prior to the administration of a breath test.

The Journal of Forensic Sciences recently published studies showing the impact of alcohol-based hand sanitizers on breathalyzer test readings. Studies focused on hand-held breathalyzer devices like those used in DUI traffic stops, as well as breath alcohol equipment used in police stations. Researchers ran a test on 65 individuals in a controlled, ventilated environment. First, a standard hand-held device was used to collect blood alcohol levels, then the operators used a small amount of Purell hand sanitizer and administered a second test. Researchers ran 130 tests, and 13 of those tests showed positive readings for alcohol in breathalyzer tests, even though the subjects taking the tests had nothing to drink. An additional 41 tests caused the breathalyzer equipment to malfunction presenting significant errors in readings.

Purell hand sanitizers contain approximate 62 percent ethanol. This is equivalent to 120 proof alcohol that’s found in many strong whiskeys and rums. There are reports of some small children who became intoxicated after prolonged skin exposure from alcohol-based sanitizers.

  • In Germany, a two-year with skin injuries was wrapped in ethanol-soaked bandages overnight. Her blood alcohol level reached 0.8 and she lost consciousness.
  • In Italy, a one-month-old baby became extremely lethargic after he was bandaged with alcohol-soaked gauze pads for several days.
  • In Taiwan, a 45-year-old woman died after soaking in bathwater that contained 40 percent ethanol for 12 hours. She was trying to get rid of a skin infection.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Students with juvenile convictions in their records and intending to apply for college may wonder, “Do juvenile crimes impact college admissions?” A juvenile crime in Minnesota can lower the odds of your child’s college application getting approved. A conviction of a serious juvenile crime may result in an automatic rejection of college applications. A minor with a criminal record may be disqualified from accessing student loans or grants.
Defendants convicted of a crime may ask, “What is the post-conviction process, and how long does it take?” A petition for post-conviction relief allows you to contest the legality of a criminal conviction or sentence following an unsuccessful direct appeal process or passing the appeal deadline. This petition involves legal issues not addressed at trial or direct appeal. These issues include a constitutional rights violation, newly discovered evidence, and inadequate or ineffective lawyer representation.
Knowing how long the sentencing phase takes in Minneapolis, MN, can help you ease worries and work towards receiving a fair sentence. The sentencing phase of the criminal justice process usually takes only minutes, especially when the judge approves the sentence negotiated in a plea bargain. Sentencing can sometimes be lengthy, particularly when you get convicted at trial, and the judge schedules a hearing to a later date to decide on appropriate legal penalties. The nature and seriousness of the criminal conviction, whether your sentence is negotiated or determined by a judge, and continuance motions are some factors that may affect the length of the sentencing phase.