Inside the Law: Myths on Beating a Breathalyzer

August 13, 2018 - 3:00 am

By Amy E. Feldman, Judge Technology Solutions​

PHILADELPHIA (KYW Newsradio) -- Think you know how to beat a breathalyzer? Yeah, about those myths... 

A Florida man pulled over by police for suspicion of drunk driving raised a can of beer as police were approaching his car and chugged it in front of them. Maybe he was toasting them. Cheers! You caught a drunk driver. But it's probably because he believed the myth that you can't be convicted of drunk driving because you can argue your elevated blood alcohol level was the result of drinking after you were stopped, not while you were driving.  

Okay. Here's the thing. If you're driving erratically, the state does not need to prove what your blood alcohol level is to convict you for impaired driving. That's why refusing to take the breathalyzer not only doesn't get you off the hook, it will lead to additional penalties for refusing to take it. 

So, all chugging a beer does is make it obvious you're trying to obscure the evidence, which is persuasive circumstantial evidence of guilt. 

Sucking on a penny is another common myth about how to obscure breathalyzer results. That's just false. There's no science there.  It doesn't affect the test. Save your pennies. You'll need them for a lawyer.