In the past five years, kombucha tea has taken the US market by storm for its reported health benefits and flavor. This fermented beverage is made with yeast, sugar, bacteria and black or green tea, which sound like innocent ingredients, but when combined and fermented, they produce a recipe for potential disaster if you get behind the wheel afterward. The fermentation process produces traces of alcohol, sometimes upwards of two or three percent by volume. Thus, if you’re a kombucha fan, make sure to enjoy this beverage with caution. It’s important to note that store-bought kombucha is required by federal law to contain 0.5% or less of alcohol by volume. However, homemade kombucha tea can contain more alcohol which many people aren’t aware of until after they drink it, meaning you could risk a DUI if you’re not careful. Factors that may lead to a possible DUI after consuming kombucha include:
Your alcohol tolerance
Underlying medical conditions and sensitivities
How much food you ate that day
Your gender, height and weight
The amount of kombucha tea you drank
The primary issue is that people claim they don’t “feel anything” after drinking kombucha. While that may be true, breathalyzer tests are notoriously defective and inaccurate. Considering that mouthwash, medicine and acid reflux, among other unsuspecting factors, could give a false reading, kombucha tea is no exception. If you get pulled over on suspicion of DUI and you take a breathalyzer test, the results could deem you intoxicated. Luckily, Harley Wagner has over 600 hours of DUI defense training and over 22 years of experience helping West Virginia clients resolve their DUI accusations. As such, it’s in your best interests to turn to West Virginia’s only law firm that focuses exclusively on DUI defense, The Wagner Law Firm.
AttorneyThomas M. Cooley School of Law, National College for DUI Defense, West Virginia State Bar
Harley has represented over 3,000 citizens throughout West Virginia. He is the author of West Virginia DUI Defense, The Law and Practice, which is the go to handbook for many magistrates, judges, defense attorneys, prosecutors, and law enforcement throughout West Virginia. has been selected for inclusion in West Virginia Super Lawyers® eight times.
He maintains an AV Preeminent® Rating by with Martindale-Hubbell®, an Avvo Rating of 10.0, and an excellent annual rating from the Better Business Bureau.
Harley is also the past president of the national DUI Defense Lawyers Association (2020-2021) which he was Charter Member and founder of in 2014
Areas of Expertise: DUI Defense, Aggravated DUI, Alternative Sentencing, Boating Under the Influence, Commercial License DUI, DMV Hearings, DUI Drugs, DUI with Injury, DUI Causing Death, Out-of-State Resident DUI, DUI Immigration Consequences, DUI with Minor in Vehicle, DUI Child Endangerment, Fleeing a DUI, Felony DUI, Permitting DUI, Underage DUI, Multiple DUI, First-Offense DUI, Second-Offense DUI, Third-Offense DUI, DUI Testing, Field Sobriety Tests, Breathalyzer, Blood Testing, DUI Info Center, College Student DUI, DUI Checkpoints, DUI Court Dates, DUI Deferral Program, Implied Consent, Test & Lock Program, FAQ, DUI Penalties, Administrative License Revocation, Ignition Interlock Device, License Suspension
The fermentation process produces traces of alcohol, sometimes upwards of two or three percent by volume. Thus, if you’re a kombucha fan, make sure to enjoy this beverage with caution. It’s important to note that store-bought kombucha is required by federal law to contain 0.5% or less of alcohol by volume. However, homemade kombucha tea can contain more alcohol which many people aren’t aware of until after they drink it, meaning you could risk a DUI if you’re not careful. Factors that may lead to a possible DUI after consuming kombucha include: 
