How long is long enough?


#1

If you were accused of alcohol on the breath in 2002 and again in 2015, how much weight will the 2002 accusation have related to the 2015 one? Is one mitigated by time or does it show a pattern?


#2

I am not a lawyer or anything but as far as I know, having alcohol on your breath is not a crime.

Getting pulled over by the police and then being given a breathalyzer test which detects alcohol, that might be a different issue. And I think in that case, the charge might be Driving Under the Influence.

So let’s assume that’s what we’re talking about here. They might be interested in digging into this a little deeper.


#3

Thanks sbusquirrel. I’d rather it didn’t happen but…owell. I agree with you that Guideline G doesn’t say “alcohol on breath” but everyone always assumes that you’ve been drinking…even if you haven’t. If the government establishes “alcohol on the breath” as a sign of impairment, then it will be up to me to either explain, refute, or mitigate it.


#4

There is no question pertaining to alcohol on breath on the SF86. There are ever questions pertaining to arrest, convictions. I think you need to be a little more forthcoming. Were you arrested, charged or convicted an an alcohol offense? It is hard to mitigate if the offense is unknown.


#5

I’m wondering if the two will be linked. That’s all.


#6

Again, too vague. Was the accusation on record? Who accused you? Was it said by an individual interviewed in a prior investigation? Unless there is documentation somewhere, the investigator would have no knowledge of an accusation, therefore, could not link it to anything. It was either an alcohol related incident, or t was not. Alcohol on breath is not an incident unless it led to something else, which is what I think we are missing. I understand you said “everyone” assumes you were drinking, but you don’t say who “everyone” is. Is it you friends? Coworkers? Alcohol on your breath after a party is much different than alcohol on your breath during work hours. Sorry, there could be endless speculation.


#7

Alcohol in the breath at work but not impaired or hungover. It did not lead to anything else. No investigation done but the accusation was put in writing.


#8

Hey Bishop . . . How is your health? Any chance that you are diabetic? Are you overweight?

Often, diabetics produce ketones in the these are sometimes eliminated in exhaled air. They can make the breath smell like ketones.

The first breathalyzers were developed so that police could tell the difference between a drunk and a diabetic suffering from extremely high blood sugar. Prior to this, diabetics would be dumped in the drunk tank for the evening at great risk to their health.


#9

I normally eat a ketogenic diet and I’m being tested for diabetes.


#10

And I’m about 40 pounds overweight


#11

How about at the time of these incidents?


#13

I am asking about your health and condition at those times.


#14

I was about the same size but not eating for days at a time.


#15

When you don’t eat, your body starts to burn fat for fuel. This produces ketones which can then be smelled as alcohol on your breath. I’m not sure about how you can work that into a defense if challenged but with some information from your doctor it should pass the “reasonable” test.


#16

You would think they would need more than just the smell. Slurring, stumbling, etc…


#17

Well . . . High blood sugar can cause all of that. But, you have/had no control over what you were written up about. That’s the mitigation for the issue if it comes up.


#18

The best thing is this case is time…with no other issues. That’s the one constant I’ve seen when it comes to Guideline G.