Paul Anthony Blair denied being three times over the legal breath alcohol limit, blaming it on mouthwash he had earlier used.
A man who claimed he blew three times over the legal breath alcohol limit due to using too much mouthwash has failed in his bid to quash his sentence for a second time.
Paul Anthony Blair appealed his drink-driving conviction to the Court of Appeal, attesting that his 761 micrograms
of breath alcohol reading was due to him "liberally" applying an alcohol-based mouth gel to his mouth plate some 45 minutes before getting busted.
Blair contended that the breath alcohol device failed to distinguish between the alcohol in his mouth, allegedly from the "Medijel", and that in the blood stream, as reflected in "alveolar breath".
Alveolar breath is deep breath from the lungs.
However, the court noted that Blair did not give any evidence as to the precise quantity of Medijel he put in his mouth plate or provide any expert evidence as to whether that quantity would have been sufficient to account for the excess above 400 micrograms at the time he was breathalysed.
