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Can you cheat a DUI breath test?


You may have seen internet articles or videos suggesting how you can pass a breathalyzer test with flying colors even if you have drunk enough to be over the limit. Like much of what you find on the internet, it is best ignored.

The police are not dumb and will notice if you do not blow into the tube properly or try to distract the officer while getting your child to blow into the machine for you. Drinking mouthwash is not going to work either. It might even push your reading up because some mouthwashes contain alcohol.

Does that mean Breathalyzers are infallible?

Certainly not. The cheap ones you can pick up on the internet are not safe to rely on. If you check you are OK to drive with one of them, you could still blow over the limit on a police machine if stopped. It could be down to the inaccuracy of your device or because your blood alcohol limit has risen since you tested yourself.

Even police machines can be wrong

If the police machine puts you over the limit, you can look at challenging it. These are sensitive machines and could read wrong for several reasons:

  • They need recalibrating: If charged, requesting proof of maintenance could provide you with a defense option.
  • Other substances affected the reading: Certain medications, foods or substances in the immediate vicinity could push the reading up.
  • The police did not administer the test properly: Like any tool, if you do not use it correctly, it will not work as well.

Courts know that Breathalyzer results can contain errors. If you get legal help to prove an error, you may walk out with your license intact.

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