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Don’t Try To Beat A Breathalyzer

Don’t Try To Beat A BreathalyzerBreathalyzers are a common sight at traffic stops, and whether it’s a late night checkpoint or whether an officer pulled you over for what he or she considered erratic driving, the police will often pull one out and insist that you use it.

Don’t Avoid The Test

While you don’t technically have to submit to this test, you may face a penalty if you don’t, and the penalty will be even more severe if you refuse to allow the police to test your blood alcohol concentration after you’re arrested. For instance, the state of New York will suspend your driver’s license for 12-18 months if you refuse a BAC test after an arrest thanks to “implied consent,” which means that since driving is a privilege and not a right you must accept such tests as a condition of having a license.

Don’t Use Breath Spray

It’s true that certain environmental factors can skew the results of a Breathalyzer test, which is why they aren’t admissible in court. Mouthwashes and breath sprays with alcohol in them can make your result higher than your actual BAC, as can certain kinds of fumes in the air. The device can also malfunction or be used incorrectly.

However, if you try to create a false positive by using breath spray after you’ve been pulled over and then using it as an excuse to talk your way out of an arrest, you may actually be talking your way into one instead.

When a police officer stops you, he or she will watch you very carefully and will become suspicious and nervous if you start moving around. For all the officer knows you may be trying to hide drugs, find a weapon, or use breath spray to cover up the scent of alcohol. In fact, police officers prefer it when you don’t move around even to collect your driver’s license or insurance card, at least not until they’re at your window and can watch you carefully.

Instead, you should keep your hands on the steering wheel, take the Breathalyzer test at the officer’s request, and remember that even if it shows a result over .08 it doesn’t count as an unbeatable legal guarantee that you’ll be hit with a DWI conviction. After all, the best way to beat the Breathalyzer isn’t with some urban legend trick or an imaginary legal loophole, it’s with the help of solid legal advice from an experienced criminal defense lawyer.