The evidence most commonly used in a DUI case is usually a blood or breath test result. These results are obtained when an officer pulls you over and has you submit to a breath test, or takes you to the station to draw blood. A blood test is typically more concrete evidence, but breath tests are subject to many flaws and within those flaws sometimes lays a valid defense. There are a lot of myths out there about how to beat a breath test and avoid a DUI, and it is important to know fact from fiction if you have been arrested and charged with DUI. Doing so will help you to develop a defense strategy that works, and that is likely to lead to results that meet your needs.

Some of the most popular myths about how to beat a DUI include the following:

  • Claiming that the alcohol content is attributable to mouthwash. This sounds silly, but the truth is that a lot of over the counter mouth washes contain just enough alcohol to give off a false positive on a breath test. The same is true of some prescriptions, so before taking anything be sure you know how your medication may interact with alcohol or whether it has any of the same properties. In most instances mixing drinking with a prescribed drug is not recommended, but it is always helpful to know beforehand.
  • Counting drinks, having a certain number of drinks per hour, or stopping drinking at a certain time prior to driving do not usually have the impact desired. While pacing yourself is a good idea, it is not a sure fire way to beat a breath test or to lower your blood alcohol content enough to be considered legally capable of driving a car.
  • Just like counting drinks does not work, eating in between drinks is also not a fail safe way to avoid a DUI.


The reason most myths are just that is because the physical and chemical makeup of every person is different. There is no sure way to “beat” a DUI by relying on urban legend because too many factors are at play. For instance, the size and weight of a person can impact the rate of alcohol absorption as can gender. This does not mean you do not have a defense if charged with DUI, but you have to decide carefully what type of defense to offer. In order to learn what is best for your case, call one of our DUI defense attorneys for more information.

If you have questions about DUI’s, call our office for answers. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.