One thing you may not think could make you fail a Breathalyzer test is tea. Unless it contains alcohol, it’s unlikely that tea would cause you to fail the test. Despite that, it could be possible in the right circumstances, and that’s what Michael Floyd is claiming happened in his case. The catch is that the tea did actually contain alcohol, but the amount was so minimal that his intoxication seems unlikely.
The Minnesota Viking claims that he failed three self-administered Breathalyzer tests as a result of drinking bottles of Kombucha tea. He had been watching movies with Kyle Rudolph, a tight end for the Vikings, prior to the tests. While drinking alcohol is a violation of Floyd’s probationary period and he could be sent to prison for prior alcohol-related offenses, the Vikings chief operating officer (COO) defended the man. He claims that Michael Floyd did not know the Kombucha had alcohol in it.
Even if he did realize that it had alcohol in it, there’s little chance that he expected to get drunk from it. Most companies that make this tea use very little alcohol in it at all. In fact, Kombucha tea has approximately 0.5 percent alcohol by volume (ABV).
To ingest enough to fail a Breathalyzer test would mean drinking a significant amount of the drink in a very short time. For comparison, a standard can of beer has an ABV of around 5 percent. It’s believed that you would have to drink around eight bottles of Kombucha tea just to get the same buzz you’d get from a single beer.
This defense may work in his case, but the results are yet to be seen. If you are intoxicated due to Kombucha tea, this could be a good defense for you, too.
Source: Fansided, “Vikings believe Michael Floyd failed Breathalyzer after drinking kombucha tea,” Patrick Schmidt, accessed June 26, 2017