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Can you cheat a breathalyzer test?

On Behalf of | Jan 9, 2024 | Criminal Defense

You may have seen farcical movie scenes where drivers try to outsmart police officers who want to test them for alcohol. They do things like have a friend who has not been drinking give a urine sample or use a sample they have hidden in their trouser leg.

You may also have encountered ways to cheat a breath test on the web. For example, sucking mints, hyperventilating or sucking on a coin before blowing into the machine.

You should forget about even trying

These methods are fiction rather than fact, and trying to cheat a test could lead to additional charges, including for anyone who helps you.

Instead, if you fail a breath, blood or urine test, you may be able to challenge the results. Don’t bother trying to beat the test itself. Instead, get the legal assistance to which you are entitled and see if you might have grounds to do mount a challenge. These can include:

  • Challenging how the police administered the test
  • Showing the police had not calibrated their breathalyzer recently
  • Showing the police do not have a clear chain of custody to prove that the positive blood or urine sample is yours

If you cannot challenge the test, you might still be able to challenge the stop and arrest. The police will need to show that they complied with all legal requirements when stopping you and processing you.

Getting stopped on suspicion of drunk driving can be frightening. Staying calm and acting within the law during the stop puts you in the best position to fight any charges that may result.