Is It Possible To Trick a Breathalyzer?

Driving under the influence (DUI) is a serious crime in all 50 states. Police use many ways to spot potential drunk drivers. Once they make a DUI stop, police often use a screening device called a breathalyzer to determine if you are legally impaired.

Based on the results, the police may arrest you for drunk driving. The legal consequences may be severe. In this situation, call a DUI defense lawyer. They may call into question factors like the accuracy of your breath test results or the validity of the traffic stop. 

Since a drunk driving conviction brings serious penalties, avoiding a DUI arrest is a popular topic. The only guaranteed way to avoid a DUI arrest is by not drinking and driving. But myths persist, and so the question remains: Can you beat the Breathalyzer test?

How Do I Cheat a Breathalyzer?

The short answer is that you cannot “beat” a breathalyzer. The longer answer is that while it’s possible to beat the breathalyzer in court, you can’t trick it by anything you do at the moment of testing. Cheating a breath test device at a traffic stop isn’t possible due to how they measure your body’s alcohol levels.

How a Breathalyzer Works

“Breathalyzer” is a specific brand name, although many people call any breath alcohol testing device a breathalyzer. These alcohol-detection instruments use one of two methods to test blood alcohol levels in the lungs.

Most systems today use infrared spectrum analysis. Light waves pass through air exhaled from your lungs, and the machine estimates the blood alcohol content (BAC) based on known tables. Fuel-cell machines oxidize the ethanol (alcohol) in the exhaled air to create an electrical current. The strength of the current is proportional to the BAC.

When police pull someone over, they conduct preliminary breath tests with a portable device. This smaller device is less accurate than the evidentiary Breathalyzer readings conducted at the police station. Since your BAC decreases at a fixed rate, officers can compare the initial reading to a lower BAC at the station. Police protocol is to take two tests to account for any calibration errors in the equipment.

Testing Before and After a DUI Arrest: What To Expect

Law enforcement officers know how to spot a potentially drunk driver. Once they stop someone for a possible DUI, observations from a field sobriety test are usually sufficient for an arrest.

Most states allow drivers to refuse the roadside preliminary breath test (PBT). The other evidence may give the officer probable cause to arrest you, regardless of whether you take the preliminary test.

Once you’re at the police station, you have the option of a test with the station’s Breathalyzer machine or submitting to a blood test. You can still refuse, but there are consequences for refusing evidentiary testing post-arrest.

All 50 states have implied consent laws that require drivers to submit to blood alcohol testing as a condition of driving. Refusing to take a test will result in automatic driver’s license suspensions, fines, and possible jail time. Some states use refusal as proof of consciousness of guilt (intent) during a DUI trial.

In most cases, it’s better to take the test.

Factors Affecting a Breathalyzer’s Accuracy

The main defense against breath test results is to challenge the Breathalyzer calibration. Breathalyzer test results are only as valid as the machine itself. A DUI lawyer will examine the machine’s logs for the last service date, along with searching for other possible errors.

A few things can affect but not invalidate the Breathalyzer results. These include:

• Diabetic ketoacidosis: Individuals with diabetic ketoacidosis (DKA) may have excess acetone in their lungs, which can give a false positive for alcohol. However, DKA is a serious medical emergency. Someone experiencing it should be taken to the hospital right away.
• Breathing difficulties: Individuals who cannot take a full breath due to medical conditions like COPD may be unable to give a breath sample.
• Gastrointestinal issues: Conditions like gastric reflux can affect the apparent BAC reading.

Concealing these health issues before a breath test will not help your attorney get you off the hook for a drunk driving charge. You must inform the police of your condition before taking the test as an indicator why your blood alcohol concentration and the Breathalyzer reading did not match.

Common Myths on Fooling a Breathalyzer

Inventors introduced the first commercial Breathalyzer in Britain in the 1960s, and many of these myths soon followed. Variations come and go on the internet, but they’ve all been debunked.

The most common myths include:

• Copper pennies: Pennies aren’t made of copper, so any “alcohol neutralization” effect of a penny is useless. The notion that copper would “short out” the fuel-cell tester is also a myth. Batteries don’t work either.
• Breath mints, breath spray, or mouthwash: These items cover the smell of the alcohol but don’t remove the ethanol molecules. Some of them, like Listerine, actually contain enough alcohol to raise your BAC.
• Drinking coffee or water: Alcohol metabolizes at a rate of about one drink per hour. Drinking coffee or eating food will not sober you up faster and will not lower your BAC.
• Hyperventilating or holding your breath before blowing: A single study suggests that it’s possible to hyperventilate immediately before a Breathalyzer test and lower your BAC. This study also showed that it does not lower it enough to matter. If the officer notices you are hyperventilating right before you blow into the tube, they will simply wait a few seconds until your breathing stabilizes.
• Burping or belching into the machine: This myth is based on the concept of “mouth alcohol” and the belief that the machine tests the air in your mouth. The theory is that burping air from your stomach would dilute the air in your mouth and affect the test. Like a similar belief about peanut butter, this has been debunked.

Narcotics and DUI Testing

Although the Supreme Court has not weighed in on implied consent for drug testing, some states now consider evidence of drug use to be prima facie evidence of impairment. If you are under the influence of marijuana or other illegal drugs, the state can charge you with DUI/DWI, regardless of whether you were actually impaired.

Law enforcement can order commercial drivers and other specialized license holders to submit to a blood test after an accident or if police have probable cause to suspect impairment. Police must obtain a warrant for other drivers unless exigent circumstances apply. If you caused an accident resulting in injury or death, it’s easier for the police to get a warrant for a blood test.

According to the Centers for Disease Control and the National Highway Traffic Safety Administration (NHTSA), impaired driving includes drunk driving and:

• Illegal narcotics
• Prescription drugs
• Distracted driving (texting, phone calls)
• Fatigue or exhaustion

The best way to avoid a DUI charge is by not drinking and driving. If you’re over the legal limit, stay put and sober up before hitting the road.

Have Questions About Breathalyzer Tests? Ask a DUI Lawyer

If you are facing a DUI charge, you should explore your legal options. A DUI conviction will result in license suspension, fines, and other serious sanctions.

FindLaw’s directory of DUI defense attorneys can help you find an experienced advocate. A criminal defense attorney experienced in DUI cases will fight to protect your rights and find the best possible resolution for your case. Start by choosing the state where you’re being charged, then you can narrow the results by city, client reviews, and more.

Challenging breathalyzer results involves technical and procedural defenses that require knowledge of the legal system an internet search can’t replace. Contact a drug crime or DUI defense attorney to build a stronger defense.