When you are pulled over because a law enforcement officer thinks that you have been drinking and driving, you might be asked to take a Breathalyzer test. While some people think that these tests can be fooled, that really isn’t the case. You should be aware of these common myths before you are asked to take a test.
The first thing that you should know is that the test is based on the level of alcohol that is in your system, not on the smell of your breath. This means that trying to cover up the alcohol smell on your breath won’t work to fool the test. In fact, you could end up making your blood-alcohol concentration level appear higher if you use mouthwash or mints to cover up the smell. This is because many of these contain alcohol that would skew the results.
Another myth is that you can fool the Breathalyzer by eating food. Because the test measures the alcohol that is in your blood, eating something when you are pulled over won’t help to make it appear as though your BAC is lower than it actually is.
In some cases, you could hold your breath or hyperventilate to trick the test. However, actually doing this would be very difficult because the officer would likely see what you are doing. It would also have to be done with incredible precision that isn’t likely going to occur.
If you think that your Breathalyzer test wasn’t accurate, there are some point to consider in your defense investigation. One would be that the machine wasn’t calibrated properly. Another is that the test wasn’t administered properly.
Source: FindLaw, “How to Trick a Breathalyzer: Myths,” accessed Oct. 28, 2016