Topeka ? The Kansas Court of Appeals has rejected a man’s claim that his false teeth caused his arrest for driving while intoxicated.

Gary Bolton, of Morris County, argued in his appeal that his dentures might have trapped alcohol in his mouth when took a breath test after being stopped in 2008t. Court records show his blood alcohol level was 0.24, far above the 0.08 limit for driving under the influence, The Wichita Eagle reported.

Bolton filed his appeal to prevent the Department of Revenue from suspending his driver’s license. He argued that police should have made him remove his dentures before he took the breath test.

The Kansas Court of Appeals ruled Friday that police had followed a requirement that suspected drunken drivers be observed for at least 20 minutes to allow mouth alcohol to dissipate and ensure they don’t put anything else in their mouth.

But Judge Steve Leben wrote in the opinion that Bolton had not provided any evidence that having dentures in his mouth affects the breath-test result in any way.

The opinion said the only evidence in Bolton’s favor was a statement by the officer who gave him the test that if he had known Bolton was wearing dentures, he would have asked him to remove them.

But Leben wrote that the officer said he would have made the request “to avoid issues down the road,’ not because anyone had trained him to do so.

Jeremy Platt, one of Bolton’s lawyers, said Bolton has 30 days to decide whether he wants to appeal the appellate ruling to the state Supreme Court.