The Kansas Court of Appeals didn’t bite on a man’s claim that his false teeth caused his arrest for driving while intoxicated.
Gary Bolton, of Morris County, argued his dentures might have trapped alcohol in his mouth when he took a breath test in 2008. Court records show his blood alcohol level was 0.24, far above the 0.08 limit for driving under the influence.
The Wichita Eagle reports Bolton was trying to stop the state from suspending his driver’s license. He argued police should have made him remove his dentures before the test.
But the appeals court ruled Friday that police had complied with a requirement that drivers be observed at least 20 minutes to allow mouth alcohol to dissipate and make sure nothing is put in their mouths.
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