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Fooling the Breathalyzer Test in a California DUI Arrest

My clients that have been arrested for a DUI often ask me if there are substances that canseffectively “fool” a breathalyzer machine. A Los Angeles DUI and Criminal Defense attorney who has been specializing for over thirty years, knows which of these are myths, and which of these substances have an actual effect on your breath test reading.

There are many common myths that some everyday substances like breath mints, onions and denture cream, if present in the mouth before taking a breathalyzer test, will yield a lower result. A knowledgeable DUI attorney will inform you that this is not the case. Additionally, a popular television show named Mythbusters determined whether these substances had an effect, if any, on the results of a breathalyzer test. Tests concluded that there was in fact no lowering affect.

Another common myth claims that placing a penny or battery on your tongue may have a lowering effect on the breath test reading. This is proven to be inaccurate, not to mention, would require some talent to discreetly place the object in your mouth, hold it there during the test, and remove after, without law enforcement taking notice.

There are, however, some substances that were shown by BAC testing experts to have an effect on the breathalyzer reading. Mouthwash changes the results of the test, but not in the way that one would hope. The machine erroneously reads some substances found regularly in mouthwash to be ethanol detected in alcohol. Consequently, the reading will actually overstate the actual BAC found in your blood stream.

In actuality it is much more difficult to “fool” a breathalyzer test than people tend to think. The reading found by law enforcement will have a huge impact on your DUI case. The BAC reading taken from your breath rest will likely be considered accurate unless an error is found. You can find errors in the method you were tested in, or with the machine itself. A well known DUI Specialist who has handled thousands of DUI cases, like Ronald Hoffman, knows exactly where weaknesses in prosecution’s case lurk. Our firm will carefully study the specific facts of your case, and will strategically prepare your defense giving you efficient results that you can be satisfied with.