There is a lot of bad information out there about DUI’s. Everything from sucking on pennies to people thinking their “tolerance” will help them to the truth about whether or not police can influence the results of a breathalyzer test (they can!). Read on to learn the facts about eight of the most prevalent myths related to a DUI situation.
Myth #1
There are numerous ways to fool a breathalyzer test
Myths abound that there are ways to alter the reading of a breathalyzer and “beat” the system. None of these are true and are a waste of time. None of the following will do you ANY good!
1. Putting a piece of metal in your mouth
2. Sucking on a alkaline battery
3. Placing a penny or other copper object under your tongue
4. Putting a fresh stick of gum in your mouth
5. Blowing very hard
6. Hardly blowing at all
7. Licking a piece of tin foil
8. Holding your breath before the test
9. Eating starchy foods that absorb the alcohol in your breath
10. Oxygenating your blood by taking deep breaths
Myth #2
Stalling a test will lower your BAC reading when you finally do submit to a test
This one is partially true. Any extra time will allow your body to process the alcohol already inside you and will indeed produce a reduced level of a BAC reading. What most people fail to realize, however, is that police possess a chart that allows them to estimate your BAC relative to the amount of time that passed since they initially pulled you over.
Myth #3
You are not required to submit to a breathalyzer test
Normally there are two types of breath tests given in a DUI situation- one before the arrest and one after the arrest. The test before an arrest is typically administered after you have failed a field sobriety test. This is a test that you DO have a right to refuse, and many attorneys do in fact recommend refusing this test.
The post arrest breath test is NOT optional, and refusing this test can result in automatic suspension of your license. Most states will allow you to choose between a blood test and a breath test after your arrest. Take the breath test, and here’s why: A blood test is hard evidence sealed in a vial and the results of a blood test can very rarely be challenged. A breath test may be open to numerous challenges in a court of law. The state has to prove that the machine was calibrated correctly, that the given reading was accurate, and that you did not do anything that accidentally may have altered the results such as hiccup, sneeze, burp, or vomit during the test.
Myth #4
You can develop a tolerance that will affect your BAC
Your BAC actually has absolutely nothing to do with alcohol tolerance. Even regular drinkers who can consume relatively large amounts of alcohol in a short time period and barely feel anything will still in all likelihood fall over the .08 legal BAC limit. The body’s alcohol tolerance with regards to how it makes you feel will rise and fall with the frequency of your drinking, but your body’s BAC will always remain the same, as it will always be measured by the alcohol in your bloodstream in milligrams per 100 milliliters of blood.
Myth #5
Police cannot influence your BAC reading from a breathalyzer test
Law enforcement officers can and do influence breathalyzer tests, as wrong as it may be. A University of Washington study found that breathing patterns play a huge role in determining the reading. The concentration of alcohol changes markedly during a breath. The first part of a breath may produce a measurably lower BAC than the last part of a breath- up to 50% lower according to the study. The last part of a breath may read 50% OVER your actual alcohol level, meaning that you can blow a .14, and possibly only have a BAC of .07. Officers know this fact, and will often instruct people to “keep breathing” or “breathe harder”. Doing this ensures that the machine is capturing breath from the bottom of the lungs that will be richest in alcohol.
Myth #6
Alcohol on the breath is a good indicator of intoxication
The fact is alcohol is odorless, and peoples’ perception of “alcohol on the breath” actually comes from the odor of things contained in alcoholic drinks. A person consuming non-alcoholic beer will smell the same as a person consuming real beer. A 1999 study involving law enforcement officers found that odor strength estimates are unrelated to actual BAC, which ranged in the experiment from .00 to .13. Estimates made by the officers were no more accurate than their random guesses when compared against each other.
Myth #7
A breathalyzer test measures the concentration of alcohol in a person’s blood stream
Most people think this one is true, but think about it. The only true way to measure blood alcohol concentration is from a blood test. A breath test is simply a means to estimate BAC by detecting chemical compounds containing the methyl group in its chemical structure. However, there are literally thousands of these compounds, and many are naturally occurring in the human breath or may be picked up by inadvertently inhaling fumes from things like gasoline, glue, paint, and cleaning fluids.
Myth #8
Field sobriety tests accurately identify drunk drivers
A Clemson University study tells us otherwise. Officers were shown videos of people performing six common field sobriety tests and were asked to judge their level of intoxication by determining if the individuals were too intoxicated to legally drive. In the professional opinion of the officers, 46% of the individuals shown in the videos were too intoxicated to legal drive. What the officers didn’t know was that none of the people given the tests on tape had consumed any alcohol. That’s right, all were completely sober. Field sobriety test or flip a coin? Hmmmm.
Are you facing charges of a Denver Colorado DUI? Search our directory to find a DUI Attorney in Denver and the surrounding cities of Colorado.
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