Police use breathalyzer tests to estimate BAC from the alcohol in your lungs. You have a right to refuse a breathalyzer if you get pulled over for a suspected DUI. However, this could lead to separate penalties and charges. Here are some tips to beat a breathalyzer in a DUI case.

Learn What Will Not Help

You have perhaps heard other people do things to pass a breathalyzer test during a traffic stop. Most of the techniques are urban legends and may actually increase BAC or not help at all. For example, breath sprays and mouth washes have alcohol in them and may increase the BAC.

Could you believe some people claim eating you underwear or sucking on pennies fools a breathalyzers? They don't work. Don't try hyperventilating or holding your breath before breathing into the machine. You will raise suspicion and could get dizzy.

Prove The Device Was Not Calibrated

If you submit to a breathalyzer and get charged with DUI, a common defense is to prove the device malfunctioned or needed repairs. All states require the testing of a breathalyzer device at various intervals to ensure accuracy and be listed as an acceptable device.

The officer must be certified and follow their training on administering the test. The court may throw out this evidence if you can show the test was not working properly or the officer did not follow calibration procedures. 

Claim The Officer Lacked Probable Cause or Reasonable Suspicion 

Even if the officer properly administered the test, they need reasonable suspicion to pull you over for DUI. Reasonable suspicion means the officer thinks you may be drunk. Did you make an illegal turn, weave in and out lanes constantly, drive erratically, or brake frequently?

To arrest you, they need a probable cause. Probable cause means the officer gathered enough evidence of illegal activity to warrant arrest.

Use a Medical Condition Defense

Certain medical conditions can alter BAC and make you appear intoxicated. If you use an asthma inhaler, it could cause a higher BAC reading, since the mist from using inhalers is 1/3 alcohol. This amount is commonly increased many times over during a breathalyzer.

Hyperglycemia, a condition that increase blood glucose, may produce acetones in your breath, which leads to a higher reading even if you aren't intoxicated. If a diabetic experiences periods of hyperglycemia, it can produce symptoms like slurred speech, drowsiness, and disorientation. The liquids and gasses caused by acid reflux and belching may consist of alcohol, which raises the BAC level.

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