How to Beat a Breathalyzer in a Florida DUI Case
If you’re arrested for drunk driving in Florida, it’s likely that police will ask you to submit to a breathalyzer test for purposes of determining your blood alcohol concentration (BAC). As you may be aware, the legal limit is .08 percent to be considered driving under the influence per se; another important figure is .15 percent – sometimes termed “excessive” BAC level – at which point you could face enhanced penalties under certain circumstances. As such, you can see the importance of the breathalyzer test results for officers AND the prosecutor who will pursue charges against you.
Unfortunately, you may also operate under the misconception that it’s possible to beat a breathalyzer through certain acts while performing the test. In truth, the best strategy for obtaining a favorable outcome in your case is hiring a Florida DUI defense lawyer to represent you. The following information should clarify what will NOT work to give you an advantage.
Gum and Mints Don’t Work: Even if fresh mint conceals the smell of alcohol on your breath, the flavor doesn’t affect the functioning of a breathalyzer device. The odor you might notice from a person who’s been drinking is an external chemical reaction; the breathalyzer measures the level of alcohol in your blood, so gum and mints don’t impact the reading. Likewise, mouthwash won’t help you – in fact, brands with alcohol in them may increase your BAC.
Forget About Pennies: This old urban legend assumes that copper will disrupt the breathalyzer device. Not true, so don’t think you have an advantage by putting a penny under your tongue. These machines are designed to ignore particles in your breath that aren’t related to the alcohol level.
Don’t Bother Holding Your Breath: You can’t cause fluctuations in your BAC by holding your breath before blowing into the mouthpiece. In fact, it may even register a higher level if you intentionally disrupt your normal breathing. Plus, police know when you’re trying to cheat, so they’ll have you blow again.
Eating Food Won’t Help: Food does affect your BAC, but only when you eat before you consume alcohol. Your stomach processes what goes into it chronologically, so digesting food first may slow the absorption of alcohol – leading to a lower BAC later. Eating after drinking won’t help your situation.
Let That Burp Go: You may have heard about the “burp defense,” which holds that you can lower your BAC by expelling alcohol through belching. This misconception has been the subject of in-depth studies which found that a burp doesn’t impact breathalyzer results.
Your Best Bet is Retaining a Florida DUI Defense Attorney
This information about breathalyzer tests should clear up some of the myths, but there’s one important point to keep in mind: There are plenty of strategies and defenses to fight breathalyzer results, one or more of which your lawyer may be able to use to your advantage in a DUI case. For more information, please contact Fort Lauderdale DUI attorney Kevin J. Kulik to set up a consultation at our office.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html
https://www.kevinkuliklaw.com/can-florida-police-request-non-standardized-field-sobriety-tests/
