Botox Defense
There was a woman in Vancouver who has been fortunate enough to have the charge of refusing to take a Breathalyzer test thrown out of court. She explained to the judge that she was incapable of blowing into the screening device, as her face had been paralyzed by having Botox injections. She used the Botox explanation when representing herself during her trial on a charge of refusing to take a Breathalyzer test. She had been pulled over after midnight, April 24th and had been requested to take a Breathalyzer test. Having been given multiple chances to blow into the device, but the mechanism failed to register each time.
The woman explained in court that she couldn’t get her lips to form the proper shape to blow into the device because of Botox treatments she had received beforehand. Her Mexican doctor wrote a letter that stated that “when an individual undergoes Botox treatments, their upper lip and mouth area are affected so that they are unable to purse their lips or whistle.” This can last for up to six months and it is very common for Botox patients to be unable to use a straw or wrap their lips around a Breathalyzer device.

A Botox procedure is an injection that inhibits wrinkles by partially paralyzing the facial muscles, and the judge agreed to dismiss the charge for a month. Police have never heard of Botox being used in a defense against drunk driving charges, and they find the excuse very hard to believe.
Nevertheless, it is presumed that claiming to have undergone Botox treatments may be used as excuses in more drunk driving charges in the future. It is one of the most unusual defenses to have been presented to date, and such defenses may actually be legitimate, provided that other women that refuse to submit to a Breathalyzer test have indeed received Botox treatments before being asked to take said test. While there have been interesting excuses brought up as defense in different court cases in the past, this is one of the most unique to have been used to date.







