None of the common tricks for beating a DWI breathalyzer test actually lower your BAC, and some can make your situation in Washington State significantly worse. The real defense happens in court, not on the side of the road.
You have probably heard someone claim they know a trick to beat a breathalyzer. Eat a big meal beforehand. Chew some gum. Suck on a penny. These ideas circulate endlessly, and they are all wrong.
What most people do not realize is that acting on some of them can actively make your situation worse. A breathalyzer measures blood alcohol concentration through a chemical process. There is no shortcut that changes your BAC on the roadside, and there are a few that can actually raise it.
David LaCross, founding DUI defense attorney at LaCross Law, is certified in breathalyzer procedures and crime lab processes, the same science law enforcement uses to build a case against you. Here is what the four most common myths actually do and why none of them work.
Myth 1: Eating Food Will Lower Your BAC
The logic sounds reasonable: food in the stomach dilutes alcohol and slows absorption. The problem is timing. By the time you are pulled over, the alcohol is already in your bloodstream. Eating at that point has no effect on your BAC reading whatsoever.
Why it is dangerous: This myth creates false confidence. Someone who believes they are safe to drive because they ate beforehand may be significantly impaired without realizing it. Food can slow alcohol absorption before drinking, but once the alcohol is in your blood, there is nothing food can do to get it out.
Myth 2: Mints, Gum, Breath Spray, or Mouthwash
A breathalyzer is not measuring how your breath smells. It is measuring the chemical composition of the air coming from your lungs. Fresh breath has nothing to do with BAC.
Why it is dangerous: This one can backfire in two ways. First, breath mints contain sugar alcohols, and mouthwash contains ethyl alcohol (the same type a breathalyzer detects). Using either one immediately before a test may actually elevate your reading. Second, police officers who stop you are trained to watch for this. Reaching for gum or a spray before the test is noted in the arrest report and raises immediate suspicion about your intent.
Myth 3. Sucking on Pennies
This is one of the oldest breathalyzer myths and has no basis in science. The original idea was that copper and zinc from the coins could interfere with the electrochemical process a breathalyzer uses to measure BAC.
Why it is dangerous: It does not work, and officers are specifically trained to check for foreign objects in a suspect’s mouth before administering the test. Being caught with something in your mouth delays the test, gets noted in the arrest report, and can be used to suggest you were attempting to obstruct the process. Modern breathalyzers use fuel cell technology that is not affected by metal content in the mouth. Even on older devices, there was never reliable evidence that it worked.
4. Hyperventilating
This myth has a grain of truth buried in it, which makes it more dangerous than the others. Some older studies suggested that hyperventilating immediately before a breath test may marginally reduce a BAC reading by altering the composition of air exhaled from the lungs.
Why it is dangerous: Any effect is minimal and unreliable. More importantly, hyperventilating leaves you visibly distressed (flushed, lightheaded, and breathing heavily). An officer who observes this behavior will almost certainly administer a second test, document the behavior in the arrest report, and potentially use it as additional evidence of impairment. You draw more attention to yourself and gain nothing.
Challenging the Test in Court Is What Actually Matters
None of these myths address the real question, which is not how to fool a breathalyzer on the roadside, but whether the breathalyzer result can be challenged in court. That is an entirely different conversation; a legitimate one.
Breathalyzer devices require regular calibration and correct administration to produce reliable results. Officers must follow specific procedures. Medical conditions like acid reflux, diabetes, or dietary ketosis can produce falsely elevated readings. Mouthwash used before a stop can affect results. Chain of custody matters for blood samples.
David LaCross is certified in these processes, which means he knows exactly where they break down and how to prove it in court. If you have been charged with a DUI in Kitsap County, the breathalyzer result is not the end of the story. Learn more about how David approaches DUI defense, then call LaCross Law at 360-447-9365 or send us a message for a free consultation.
Frequently Asked Questions About DWI Breathalyzer Tests in Washington State
1. Can a breathalyzer result be challenged in court in Washington?
Yes. The device must be properly calibrated, the test must be administered correctly, and the officer must follow established procedures. If any of those conditions were not met, the result may be challenged. David LaCross is certified in breathalyzer procedures and reviews these details in every case.
2. What happens if I refuse a breathalyzer test in Washington?
Refusing triggers an automatic license suspension under Washington’s implied consent law, and the refusal can be used as evidence against you in court. It does not prevent charges. If you refused, call an attorney immediately and request your DOL hearing within seven days.
3. Can mouthwash cause a false positive on a breathalyzer?
Yes. Mouthwash contains ethyl alcohol, which a breathalyzer detects. Using it immediately before a test can produce an artificially elevated reading. If this applies to your situation, talk to your DUI defense attorney to discuss this legitimate defense angle.
4. Does eating before drinking actually help?
Eating before drinking can slow how quickly alcohol enters your bloodstream, which may reduce peak BAC. But once alcohol is absorbed, food has no effect. Eating after drinking or right before a stop will not lower your reading.
5. What should I do if I am pulled over on suspicion of DWI in Kitsap County?
Stay calm, provide your license and registration, and exercise your right to remain silent beyond basic identification. You are not required to answer questions about where you have been or what you have had to drink. Call LaCross Law as soon as possible.
