In order to be arrested and charged with DUI, the officer has to have evidence that you have been driving while over the legal limit. What this means is your blood alcohol content exceeds the limit deemed legally acceptable, and this is most typically determined by a breath test given in the field. In Florida, the legal limit is 0.08%, and if the field sobriety test results show more than that amount, you can be arrested for DUI. There is a lot of information out there on how to “beat a breath test”, but most of these stories are nothing more than myth. It is important to know fact from fiction, so you do not end up doing something that will actually cause you more harm than good.

The popular cable show Myth Busters took on many of the more common legends, in an attempt to see if some of the more popular ideas on breath tests were true. The results are as follows:

  • Mouthwash does not “get rid of” traces of alcohol. In fact, the alcohol content in many mouthwash products can result in a false positive on the breath test.
  • Placing a penny in your mouth, with the thought the chemical make-up will prevent a BAC over the legal limit was also found to be untrue.
  • Hyperventilating, in the hopes of decreasing BAC, also did not work when attempting to “beat the test”.


Most of the time, doing these things will only work to make your case that much more difficult. Rather than try to do things that will “get you out of” a DUI charge, the better approach is to develop a defense that works. Many times attacking the test results for valid reasons, such as challenging the testing procedure or calibration of the testing equipment, will show the test was improperly given. If you are able to demonstrate the test itself was legally insufficient, the results should not be used against you. Without any evidence that you were driving while your BAC was over the allowed limit, the prosecution will be hard pressed to obtain a conviction. For help with a DUI, call one of our DUI defense attorneys for more information.

For DUI defense, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of crimes in Stuart and the Treasure Coast. Call today to schedule an appointment.