Breathalyzers are designed to measure a driver’s blood alcohol content (BAC) level, and they’re often used at traffic stops where an officer suspects a driver of being too inebriated to drive.
Naturally, a lot of myths and misconceptions have sprouted over the years about what drivers can do to “beat a breathalyzer.” Here’s how to separate fact from fiction:
Forget these urban myths
You’ve probably heard at least one of these, but none of them are true. You can’t trick a breathalyzer into malfunctioning or giving an artificially low reading by:
- Sucking on a copper penny or putting a penny beneath your tongue
- Smoking a cigarette (menthol or not) before blowing into the device
- Hyperventilating or holding your breath before you blow
- Using mouthwash, gum or breath fresheners
In fact, some of those so-called “tricks” can actually make your situation worse. Many popular mouthwashes, for example, actually contain alcohol as an ingredient, so using them before you blow into a device can raise your BAC reading.
Focus on the tried-and-true
No breathalyzer device is perfect, and the results can – and have been – successfully challenged in court. Here are some possibilities that can be raised:
- Machine quality error: Not all breathalyzer devices are the same, and lower-quality machines may save the state money, but they’re error-prone.
- Machine calibration error: All mechanical/electronic devices can drift out of their proper calibration over time, and that issue should be addressed.
- User error: If the officer who administered the test wasn’t properly trained or didn’t give the right instructions, you may have good cause to question the results.
If you’ve been charged with drunk driving after a breathalyzer test, don’t assume your case is hopeless. Legal guidance can help defend your interests.
