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Judge accepts Burrito-Breath claim

post #1 of 8
Thread Starter 
Judge Accepts Burrito-Breath Claim

NORTH PLATTE, Neb. (AP) - Those burritos do have bite.

A judge has ruled in favor of a man's claim that he had alcohol on his breath not because he drank, but due to his eating of burritos made with beer-and-tequila marinated meat.

William Dolge, 45, was accused of violating his work release for having alcohol on his breath when he returned to jail from his job last month.

After reviewing the burrito recipe, Lincoln County District Judge John Murphy agreed that the Mexican food was to blame.

``The court feels it is unnecessary to conduct a taste test of the burritos in question to determine their potency,'' Murphy wrote in his ruling Thursday. ``The list of ingredients indicates that there is sufficient alcohol in the burritos for a preliminary breath test to register positive.''

Dolge ate four burritos that were brought to his work place by a fellow employee, according to court records. The recipe included one bottle of red Irish beer, 1 1/2 cups of tequila and three-quarters of a bottle of dark ale.

``No rational person would use a 'burrito' defense as a means of covering up the consumption of alcohol during a period of work release,'' Murphy wrote.

Dolge originally was granted work release while serving 364 days in jail for driving with a suspended license.

If Dolge's work release is reinstated, the judge advised him to limit his meal selection in the future to ``less potent fare.''

What do you think? Is it really possible to have a positive result from eating alcohol laden food? I was at college one day and they had this drinking-driving exhibition at college - showed the impact of a crash - it was some kind of ride, and it wasnt nice. They also got everyone to get some cough syrup and squish it around their mouth and spit it out - I did this and failed a breath test!
post #2 of 8
If you cook the food long enough, the alcohol will cook away. I know this from the fact that I used to cook for my brother, a recovering alcoholic. His favorite recipe was my spaghetti sauce, made with a cup of red wine. A person on antibuse (which he was) will have a violent reaction to any alcohol, and my brother never became sick from my sauce.

Not having seen the burrito recipe in question, it's hard to tell. If mass produced, chances are it was cooked long enough to rid the alcohol content. If quick cooked, yes, it could show up on a test.

My humble opinion. But what a creative way to beat a DUI charge!
post #3 of 8
Very interesting!

Reminds me of the "poppy seed bagel" defense people try to use to explain a positive drug test. Sorry to burst bubbles, folks, but that one is an ubran legend, no truth to it. A doctor I worked with tried it after eating way too much of his MIL's poppy seed pastries, and the test was negative. There had been enough poppy seeds in there to choke a horse....
post #4 of 8
First of all...I can't believe this happened in Nebraska and I didn't hear about it on the news or something.

Honestly, I think it's a line of bull. Something just sounds rather fishy to me.
post #5 of 8
Shell, what the heck do they put in burritos out by you?

Out here on the East Coast, they taste mostly like cardboard.
post #6 of 8
This is the first time I ever heard of putting beer and tequila in burritos. I might have to try that sometime...maybe they'll taste like Tequila Cardboard!
post #7 of 8
I believe it could happen, but who knows if it's true.

That reminds me, a few weeks ago my bf's family was in from flordia and they took us to this fancy restaurant. I am NOT a fan of gourmet cuisine (my ex was a culinary chef and I never developed a taste for the fancy stuff) so I picked the only thing I could read on the menu which was parmiagiana poulo or something, chicken parmigian.. But the sauce.. it tasted like canned tomatoes with like half a bottle of wine in it. It came in this big bowl and there was wine almost to the brim. I'm one of those people who likes wine WITH their meal, not IN their meal, so I choked it down, but I think I caught a small buzz
post #8 of 8
Ok, I consulted an expert in this field. In particular, a chef from Denver who's specialty is breakfast burritos. After a great deal of laughter, here are her insights:

- Alcohol cooks off pretty fast when heated - in less than 5 minutes if cooked at sufficient heat.
- In order to retain the alcohol content, the recipe would have called for adding the alcohol at the end of the cooking process, and forming them into burritos immediately without further cooking.
- For the amount of alcohol in the recipe, she estimated that proportionally, they would have gotten about 40-50 burritos from using that amount of alcohol. Anything less and the burritos would have been too runny and wouldn't hold together.

She likes the idea and will try to whip up a batch. If they are successful, I'll post the recipe for anyone who is curious.

Her husband offered that perhaps injecting the tequila directly into the burrito with a syringe would have the same desired effect.
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