How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (2023)

How to Beat a Breathalyzer

How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (1)The most commonly asked question on my website, and probably the internet when it comes to Driving Under the Influence charges, is, without a doubt, “How do I beat the Breathalyzer machine?

The best answer is simpler than you think —
Don’t Drink and Drive!

All kidding aside, the second answer is just as simple – don’t take it.Sacrifice your operator’s license in order to have a leg up in court. Your case becomes much easier to present to a jury when there is noper seprosecutionavailable (the registering of a 0.08 BAC or greater.)

However, let’s explore some additional options.

First, let’s analyze what methodsDO NOTwork.

  1. Eating your own underwear– Why? Is the first question that comes to mind. Why would anyone in their right mind try such a ridiculous method? Well, for Dave Zurfluh from Stettler, Alberta, this was’t such a bad idea. Presumably, he was hoping that the cotton would absorb the alcohol in his stomach thus lowering his BAC result. You can’t make this up, folks. Unfortunately for him, by the time he got to the station, not only did the cotton in his stomach did not do anything for the alcohol that wasalreadyin his blood, he looked ridiculous because of the hole in his pants. The Breathalyzer test gathers deep lung, or alveolar, air. So, after a few hours of drinking, followed by a few minutes of eating cotton will not do you any good. Thanks for playing.
  2. UPDATE: Eating toilet paper– This is a new one, folks! Ross McDonald of Iowa City, Iowa, tried toeat toilet paperin the hopes of cheating the breathalyzer machine. Unfortunately, as is stated in number (1) above, the machine is designed to test alveolar air, and therefore his attempt to cover the alcohol with toilet paper would not work; it may just mask the smell or at least absorb any mouth alcohol.Nice try, but you fail.
  3. UPDATE #2: Eating your own shirt– Here is another doozy, friends..A Florida strippertried to eat her own shirtin order to avoid a DUI after she attempted to run away from the police and passively resist arrest.When the breathalyzer technician instructed her not to put anything in her mouth,as he is probably required by state lawand after she agreed to take the breathalyzer test,the stripper “stuffed a large portion of her shirt into her mouth and began chewing at the fabric.” Although it would not have much of an effect on her breathalyzer result,more than likelyit didearn her a ‘refusal’ mark on the breathalyzer due to her once more ‘passive’ resistance, and secured a lack of an Intoxilyzer number for the State. So, can we call that kind of a win?
  4. Eating your own feces– O.K., first off, disgusting. I can’t even. But, an Ontario man in March, 2005 tried it. And failed. Not only did he fail, but he will now forever be remembered as the man who ate his own feces. Good luck to you, buddy.
  5. Eating smelly foods to overpower the alcohol scent– While it may not be such a bad idea to throw the cop’s scent off the booze trail, it is completely and utterly useless for a Breathalyzer machine. The inner sample chamber is mechanically calibrated to detect any presence of ethanol (along with some other substances depending on the amount of filters installed, etc., which could artificially inflate your BAC result). The device is so sensitive, in fact, that it has a “mouth alcohol” detector, so if you have alcohol present in your mouth, the machineshouldreturn an error. The fact that these detectors never work is besides the point, but they’re there. So, fail.
  6. Drinking Zima instead of “real” drinks– Seriously? Well, apparently so. Some teenagers believed that could do the trick. I guess under the erroneous belief that there are different “kinds” of alcohol since Zima doesn’t make your breath smell as bad. Alcohol is alcohol, no matter what it tastes or smells like. You are the weakest link, goodbye.
  7. Sucking on a penny– The idea behind this popular myth is that the copper in the penny will neutralize the alcohol. Well, similar to (5) above, the alcohol is not coming from your mouth. I am not sure about the reaction that occurs when alcohol meets copper, but I can tell you the penny won’t protect you from the alcohol in your lungs. Furthermore,according to at least one source, pennies are no longer made of copper. It is now97.5 percent zinc and 2.5 percent copper. Soeven ifcopper would have been helpful, its negligible quantity in the penny would require a plethora of them — you can bet the officers will notice your scheme and quickly stop it.
  8. Usinglisterine or some othermouthwash– Worst. Idea. Ever. Why? Because nearlyallmouth washes contain, what? That’s right —Alcohol!So you are combating the presence of alcohol in your body — withmorealcohol! What if your result would have been less than 0.08, initially? Well, you’ve just secured a certain trip to the jailhouse because you will most likely blow way above 0.08 due to all the fresh alcohol in your mouth. Mouth alcohol detectors rarely, if ever, work. Explaining it to the cop won’t do you any good. Nice try.
  9. Chewing gum– Now here is a good trick to throw off the cop (if you can hold your liquor). May be he’ll let you go if he can’t smell alcohol and you look fine to him. However, again, like numbers (5) and (8), above, the gum does not alter the workings of the inner chamber inside the breathalyzer machine. Depending on the gum, it may end up “helping” you as much as a mouth wash, due to their containing alcohol.
  10. Inhaling instead of blowing– Nope. The machine has pressure detectors in place to detect if air is being blown in. You will succeed in making the officer angry, though. Not sure if that is what you want..
  11. Burping,belching, or regurgitating– This will bring up alcohol from your stomach content into your mouth, which will in turn elevate your BAC levels.Sorry, try again.
  12. Smoking a cigarette will mask the alcohol– Actually, it will likelyelevateyour BAC result due to the fact that somebreathalyzers may be affected by acetaldehyde (the chemical that is released in cigarette smoke when sugars, sorbitol, and glycerol are burnt.)
  13. Eating peanut butter– This one is at the bottom of the list because it is the closest thing to something that could work (if you could wash your lungs with it). It is true that the high levels of sodium, which can be found inpeanut butter, will neutralize ethanol by creating two byproducts – sodium ethoxide (also known as alkoxide) and hydrogen gas. But, again, the problem is that the peanut butter travels from the mouth into your stomach, completely bypassing the lungs — where the alveolar air, which is full of alcohol, is about to come from and be tested by the machine. This would be a great trick to eliminate mouth alcohol. Also, good luck getting your hands on some peanut butter at the police station — or getting it in your mouth with your hands handcuffed behind your back. I don’t think this method is in your cards.

Now, let’s see whatmaywork (some of these options are completely theoretical):

  1. Again, the best way is to not drink and drive –Speaks for itself.
  2. The second best way is torefuse the breathalyzer test– Again, easy. You hand over your license to the nice police officer forfailing to comply with the state’s implied consent lawsand politely thank him as you are escorted to your “comfortable and clean” jail cell, where you will be spending the next few hours. You make your lawyer’s case a lot easier, the possibility of a jury trial much more of a reality, and your chances of beating your DUI case increase exponentially (with the right lawyer who can attack the officer’s procedures and training the stand.) So, refuse the tests, if you can afford to lose your license.Special Note: Do not attempt this method if you are own aCommercialDriver’s Licenseor aPilot’s License, as the resulting hardship may be tougher on you and your career than simply fighting the uphill battle of aper seDUI case.
  3. Blowing just the necessary length of time andstopping– If you are truly in a pickle and think you did not have that much to drink, and you are afraid to lose your license, and you believe that enough time has elapsed, although this goes against every rule in the book — blowjust enoughto where the machine registers the fact that you’ve blown, andnot a millisecond longer(good luck with that timing). Well, why is that?The officer is interested in you blowing as long as possible. That will ensure an artificially elevated result, even if you’re under the limit (how else can you explain the plethora of DUIs where the person legitimately drank 1-2 beers and blows a 0.12.) The longer you blow, the more alcohol enters the sample chamber of the machine, and the more molecules of ethanol are captured by the Intoxilyzer 5000EN’s detector via the process ofinfrared absorption. If you blowjustthe right amount of time, you can at least keep the number low and more in line with what you should be registering (in theory — as these machines have a lot of other problems). You’ll of course have to learn what sounds the machine makes when a sufficient sample is provided, as the officer will want you to continue to blow. Again, this method, although possible to at least keep you in the right range, is laden with difficulties.I DO NOT recommend it.
  4. Hyperventilating or exercising– Thiscouldwork, but the problem is that you won’t be able to breathe out all of the alcohol — that would be ridiculous. It’s in your system, in your blood stream, in your lungs, and possibly still in your mouth. The most you could do is lower your breath test result by 10-20%, so if you’re close to the limit, youmaybe able to blow under it. If you’re stone cold drunk it won’t do more than simply make you dizzy, which could lead to you throwing up — never a good idea… Especially with an officer present — who is suspecting you have been operating under the influence! Good job, you just helped make his case for him. Also, good luck hyperventilating or exercising with the officer around.Surelyhe won’t notice..
  5. Burping, belching, or regurgitating (yes I realize its on the list of things that don’t work)– Here’s the thing, the breathalyzer operator is supposed to have you under continuous observation for 15 – 20 minutes (depending on the state law – it’s 20 minutes in Kentucky seeKRS 189A.103(3)(a)). If you make an audible burp, belch, or regurgitate stomach contents periodically, the breathalyzer technician, assuming he conforms to the breathalyzer operator’s manual , must reset the 20 minute observation period — because you brought back alcohol in your stomach into your mouth. Gross, but possibly effective. The problems are that(a) s/he may not care and tell you to take the test anyway (which could be a great defense in court, especially if there is a video recording), but again, you’ve accomplished nothing at beating the test; (b) you run the risk that some of the puke or belch substances will remain in your mouth and elevate the result even after an additional 20 minutes; and (c) if you’re still digesting previous alcohol, your BAC is on the rise — more time elapsed = higher BAC. You’re just digging your grave even further and where your result may have been lower (albeit still above 0.08), you may end up with anaggravator if you blow a 0.15 or above in Kentucky.
  6. Rinsing out your lungs– This is, of course, a joke. It’s the dumbest thing you can possibly think of doing (and, believe it or not, it has been tried). This is a sure way to drown yourself.DO NOT DO THIS.

There really is no “scientific” or foolproof method of going from a result above 0.08 to one below it. The best way to avoid a DUI is to not drink and drive.

However, if you are charged with a DUI, you need experienced and knowledgeable counsel to help you. Please,contact meor call me at (502) 931-6788.

I’m always here or you, my friends.


The DUI Guy

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How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (3)

A wrong

4 years ago

So, if I lose my drivers lisense does that mean I can’t fly a plane


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (4)


4 years ago

This might be the funniest thing I’ve read in a while – you’re hot – are you single?


(Video) "Always Refuse EVERYTHING" -- Channel ABC 36 Interviews the DUI Guy for 'Good Day Kentucky'

Larry Forman


Reply to Jessica

4 years ago

Hahahaha — thanks for the compliment.


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (6)

Cain Honeysett

5 years ago

Fill ya dot full of grog an evade the pigs ya maggots
Merry Christmas ya dogs


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (7)

Jr robinson

5 years ago

(Video) The Cop Stood No Chance: The Best Cross Examination you Will ever Witness in a DUI Prosecution

As someone with both a CDL and pilots liecence why is a refusal that bad. Right now i would loose my licenses for 5 years?


Larry Forman


Reply to Jr robinson

5 years ago

Mr. Robinson,

CDLs need their licenses to drive, and if you refuse, you automatically lose it for 120 days for a first offense; whereas Pilots have reporting requirements to the FAA if you refuse, and a refusal could jeopardize their Pilot’s license (as well as a conviction).


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (9)


Reply to Jr robinson

4 years ago

Refusal to give a breathalyzer is actually not substantiating the officer suspicion that you are under the influence, Officer doesn’t have any evidence to prove that you are under the beat!! Don’t never take a breathalyzer test!!!


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (10)

Kristen Jameson

6 years ago

(Video) Why You Should ALWAYS REFUSE ALL Breath & Blood Tests AND Field Sobriety Tests in Kentucky

After hours of googling how to beat my smart start breathalyzer to no avail, I found my own that worked every time……the first content was alcohol! Why didn’t I spend those hours of googling and sit my happy rear in an AA meeting. Passing it daily, I received 2 DWI’S and a PI with my truck, $thousands of dollars on the best criminal lawyer, I found myself in an inpatient rehab! I know some of your are just social drinkers, just plan for a driver and save yourself and the other innocent drivers on the road. I now have anRead more »


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (11)

Mishner Poshner

6 years ago

Eating a raw onion really works. I have proved it my self…


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (12)

Jade Jones

Reply to Mishner Poshner

5 years ago

What about garlic?!


Larry Forman


Reply to Jade Jones

(Video) Prosecutor Can't Stop Objecting To DUI Defense Attorney's Questions

5 years ago

Neither garlic nor onion will help.


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (14)

Jesus Hermanos

5 years ago

THANK-YOU R.E. Potter !!


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (15)


4 years ago

That’s actually not true… you are just as condemnable if you’ve decided to party it up on the highway as you are in your garage.


How to Beat a Breathalyzer | The Best DUI Defense Lawyer in Louisville- The DUI Guy (16)

Bill Jameson

6 years ago

If the cops were so bent on keeping folks that drink and drive off public streets, they’d line up at the local taverns and bars and wait.

Know why they don’t? Local politics…’s all BS, and R.E.’s advice helped me out of a pickle….it works, and I wasn’t impaired.

Cops lie, but they can charge you with lying to a police officer..
…….go figure?


(Video) Defendant collapses in court after guilty verdict


Does drinking water help pass a breathalyzer? ›

Our research shows that manipulations can alter BrAC readings. Specifically, hyperventilation and drinking water before using the breathalyzer were shown to significantly lower the BrAC readings.

How do you bypass a breathalyzer? ›

However, you cannot beat a breathalyzer test, or bypass a breathalyzer device without being reported. The most common tip to beath a breathalyzer is to use mouthwash or a breath mint. However most mouthwashes or mints result in testing positive for a higher level of BrAC as they contain alcohol among their ingredients.

How do you sober up fast for a breathalyzer? ›

There's no fast way to sober up once alcohol is in the bloodstream. The only way to sober up is to wait for the alcohol to metabolize. However, the body can only process a limited amount of alcohol per hour. Meaning if someone takes four shots of liquor in a row, those drinks enter their bloodstream one at a time.

How do you trick an interlock? ›

It's nearly impossible to trick an ignition interlock device because of the way the new generation of machines works. The new machines allow for rolling retests, which means that you have to blow into the machine and retest your breath while you're driving.

Can peanut butter lower a reading on a breathalyzer test? ›

In short, using peanut butter to beat breathalyzer tests isn't an effective solution, and here's why: high levels of sodium found in peanuts and other legume by-products will neutralize ethanol (or alcohol) — but not by much.

Does toothpaste help with breathalyzer? ›

If you've used a product that contains alcohol, the Breathalyzer might detect the alcohol concentration and report a false positive. Products that contain alcohol include toothpaste, aftershave, hand sanitizer, bleach, mouthwash, perfume and cologne. Even spraying bug repellent on yourself can produce a false positive.

Does Listerine Help With breathalyzer? ›

Alcohol-based mouthwash products, like Listerine, can cause you to fail a Breathalyzer test for as long as 10 minutes after use. If you're a driver under the age of 21, the effect could last even longer since the blood alcohol content thresholds are even lower for an underage DWI.

How long do you have to stop drinking to pass a breathalyzer? ›

In Your Blood: Up to 6 hours. On Your Breath: 12-24 Hours. In Your Urine: 12-24 Hours. In Your Saliva: 12-24 Hours.

Is there any way to get around interlock breathalyzer? ›

There are many myths about tricking a breathalyzer into believing a person hasn't been drinking. In short, beating a car breathalyzer, formally known as an ignition interlock device (IID), is nearly impossible.

How do you pass an interlock the next morning? ›

Plenty of sleep is definitely a good idea. Sleep itself doesn't make alcohol disappear. It simply allows a longer period of time to go by before you take your interlock test the morning after drinking. That gives your body more time to eliminate any alcohol in your system.

How do I lower my BAC? ›

There are specific steps you can take to help reduce the effects of alcohol.
  1. Food may help your body absorb alcohol.
  2. Water can help reduce your BAC.
  3. Avoid caffeine. It's a myth that coffee, energy drinks, or similar beverages alleviate intoxication quicker.
Mar 29, 2019

What foods help sober up? ›

Any food will help, but carbohydrates — like bread, pasta or potatoes — slow down how quickly your body absorbs the alcohol. Eating during or after drinking alcohol may make you feel less intoxicated, but it doesn't mean you've sobered up and are no longer impaired.

Does throwing up reduce your BAC? ›

Throwing up won't reduce your blood alcohol level. Alcohol is absorbed into your bloodstream very quickly, so it won't make much difference unless you vomit immediately after taking a sip.

Does breathing oxygen sober you up? ›

Alcoholic beverages that have been pumped full of oxygen may take less time to process in the body—meaning that drinkers sober up faster, according to a new study published this month in the journal Alcoholism: Clinical & Experimental Research.

What causes false positive interlock? ›

Gas at high levels can also lead to a false positive. Further, diabetics and those on certain high protein diets that raise acetone levels may experience a false positive too. As a result, the IID or PAM mistakes the residue of various products and the results of certain foods or diets as evidence of intoxication.

How does interlock know its you? ›

Many include micro-camera technology that records who is providing a test to the device. Many have GPS technology to record exactly where a test was taken. All ignition interlocks require random retesting when the vehicle is running.

What besides alcohol can set off a breathalyzer? ›

Food and beverages other than alcohol: Many foods contain alcohol in low enough content to not cause intoxication but high enough to throw off a breathalyzer reading. These include fermented drinks, like kombucha, ripe fruits, energy drinks, protein bars, nonalcoholic wine and beer, hot sauce, some nuts, and cinnamon.

What would cause a false positive on a breathalyzer? ›

If officers fail to calibrate the test correctly, you could receive a false-positive reading. Some foods may encourage a breathalyzer test to give inaccurate readings. For example, pecans, ripe fruit, energy drinks and protein bars may mess with the test.

What can cause a false positive for alcohol? ›

Consuming nonalcoholic beer and wine in larger amounts may also produce false positive results because such products may contain a small amount of alcohol. Eating baker's yeast with sugar, drinking large amounts of apple juice, or even eating ripe bananas may cause detectable amounts of EtG and EtS in urine.

Can toothpaste set off a breathalyzer? ›

If you've used a product that contains alcohol, the Breathalyzer might detect the alcohol concentration and report a false positive. Products that contain alcohol include toothpaste, aftershave, hand sanitizer, bleach, mouthwash, perfume and cologne. Even spraying bug repellent on yourself can produce a false positive.


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