Most DUI’s are the result of “failing” a breath test. This means that after being stopped for a traffic violation, the officer suspects you of driving under the influence and requires a breath test which has a result over the legal limit for alcohol in your blood. In Florida, the legal limit is 0.08% and if the test results are over that amount you can be charged with DUI. A lot of people are aware there are false positives and that the test results are not always reliable, but some of the reasons for inaccurate results are nothing more than urban legend.

The following three myths are among some of the more common misconceptions about how to beat a breath test are:

  • Putting a penny in your mouth: this myth is based on the fact that a penny contains certain elements that will remove the existence, or at least a portion of it, of alcohol from your breath. This is simply not true.

● Hyperventilating, exercising, or holding your breath will beat the test: this is also not true. While there may be a slight impact on the test from engaging in one of these activities, you are more likely to draw attention to yourself than               cause the test result to be below the legal BAC.

● Counting drinks: keeping track of how many drinks you have has no bearing on your ability to “beat” a breath test.


The best approach to take when attacking test results is to look for an improper procedure in the test administration itself, or for flaws with the equipment. Testing machines are not always calibrated properly, or maintained as required. There are also times when the personnel administering the test is not certified to do so, and this will cause the results to be invalid. We know what to look for when trying to identify ways to develop an effective strategy and work hard to keep your driving privileges and maintain your freedom. Call one of our DUI defense attorneys for more information.

If you have been charged with DUI, contact us to learn what to do next. Call to schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast today. Your first visit is a free initial consultation.