When someone gets pulled over and fails a breathalyzer test, a plethora of excuses often follow. Some are based on misunderstandings of how the test works. Others are attempts to explain away a situation. Regardless of the truth behind these stories, they’ve sparked plenty of curiosity. This article dives into some of the most common excuses for failing breathalyzer tests, why people give them, and whether they hold water scientifically or legally.
How Breathalyzers Work
Before we explore the excuses, it’s essential to understand how breathalyzers function. These devices estimate the blood alcohol concentration (BAC) by analyzing the amount of alcohol in someone’s breath. When alcohol is consumed, it enters the bloodstream and is eventually released through the lungs via exhalation. The breathalyzer detects this alcohol and converts it into a BAC reading.
Most countries have established legal limits for BAC. For example, in the U.S., a BAC of 0.08% or higher is generally considered over the limit for drivers. The science behind breathalyzers has evolved over the years, improving accuracy and reliability. That said, there’s a reason why excuses sometimes crop up—they’re often born out of fear, confusion, or myths about how these devices work.
1. “I Just Used Mouthwash!”
One of the most common excuses for failing breathalyzer tests is claiming that mouthwash is to blame. This isn’t entirely unfounded, as some mouthwashes do contain alcohol. If someone uses an alcohol-based mouthwash just before being tested, it could theoretically produce a false positive. However, the effects of mouthwash are fleeting. Most modern breathalyzers are designed to account for mouth alcohol to avoid misleading results.
Here’s the catch, though—police officers typically administer the test after observing signs of impairment, not just by random chance. If someone is noticeably swerving on the road or slurring their words, claiming mouthwash as the culprit likely won’t help.
2. “It’s the Medication I’m Taking!”
Another excuse people give is that prescription or over-the-counter medications caused the failed test. Some medications, like certain cough syrups, contain small amounts of alcohol. Similar to the mouthwash scenario, this could lead to a slightly higher BAC reading in the short term. However, most medicines contain such minimal doses of alcohol that their effect on a breathalyzer is negligible unless consumed in large quantities.
Medications could also impair a person’s ability to drive, which might make them appear intoxicated even with a low BAC. If someone mixes alcohol with such medications, this excuse isn’t just invalid—it’s also dangerous and illegal in many places.
3. “I Have a Medical Condition!”
Medical conditions are sometimes cited as excuses for failing breathalyzer tests. Certain conditions, such as diabetes or acid reflux, might contribute to higher readings or appear to affect a person’s behavior.
- Diabetes: People with uncontrolled diabetes can develop a condition called ketoacidosis, in which the body produces ketones. Some ketones are chemically similar to alcohol and may be detected by older or less sophisticated breathalyzers. However, modern devices have largely solved this issue.
- Acid Reflux: Gastroesophageal reflux disease (GERD) can cause stomach contents, including alcohol, to rise into the throat. This could result in elevated readings. However, this would require significant reflux at just the right moment, making it a rare occurrence rather than a routine excuse.
While these conditions are real, they usually don’t explain a failed breathalyzer. A medical condition might complicate a situation, but it’s unlikely to serve as a valid excuse in court.
4. “It Was Secondhand Alcohol!”
Some people claim they weren’t drinking at all but instead inhaled alcohol vapors in a confined space, such as at a party or in a car with heavy drinkers. While this may raise BAC slightly in specific circumstances, it’s highly unlikely to push someone over the legal limit. Modern breathalyzers are designed to measure alcohol levels in deep lung air, which is less affected by brief exposure to vapors.
Even if this excuse had some basis in truth, it wouldn’t account for other signs of impairment, like poor driving behavior. Combined with other evidence, secondhand alcohol exposure is unlikely to stand up as a credible explanation.
5. “The Machine Was Faulty!”
Another prevalent excuse is blaming the breathalyzer itself. Breathalyzers, while highly reliable when used correctly, are not infallible. They require regular calibration and maintenance to ensure accurate results. If the machine hasn’t been properly maintained, it could theoretically produce a false reading.
However, law enforcement officials are well aware of these issues, and there are strict protocols in place to prevent such scenarios. Officers are required to document when and how devices are calibrated, so this excuse is generally only effective if actual evidence of improper maintenance can be presented.
6. “I Didn’t Blow Properly!”
Some individuals argue that they didn’t give the breathalyzer a correct sample, which might have skewed the results. People might claim they didn’t understand the instructions or didn’t exhale forcefully enough. But here’s the thing—most modern breathalyzers are designed to recognize incomplete samples and will prompt the user to try again until a valid sample is provided.
Refusing to cooperate with a breathalyzer test entirely, on the other hand, can have serious consequences. Penalties for refusal often include automatic license suspension and other legal repercussions, which can be even harsher than those for a failed test.
Why These Excuses Usually Don’t Work
When it comes to excuses for failing breathalyzer tests, the common thread is that they rarely hold up against hard evidence. Breathalyzers are scientific instruments, and many of the excuses people use misunderstand the technology or hope for loopholes where none exist.
It’s also worth noting that laws and legal procedures are framed to address these common claims. Officers are trained to follow strict guidelines when administering a breathalyzer test, and backup evidence (like field sobriety tests or dashcam footage) is often used to confirm impairment.
What To Do If You Fail a Breathalyzer
While crafting excuses might be a knee-jerk reaction, there are better ways to handle failing a breathalyzer test. Here are a few steps you can take:
- Stay Calm: Reacting aggressively or trying to argue with the officer is unlikely to help your case. Stay polite and cooperative.
- Seek Legal Counsel: If you intend to challenge the results, consult a lawyer who specializes in DUI/DWI cases. They can review the circumstances of your arrest and raise relevant questions, such as whether the test was administered correctly.
- Understand the Evidence: A failed breathalyzer test is just part of the picture. Observations about your behavior, other test results, and even witness statements play a role in determining guilt or innocence.
Accepting responsibility for your actions is always the best course of action, particularly if you were under the influence. Owning up to mistakes can help your case more than fabricating excuses.
Final Thoughts
People use a variety of excuses for failing breathalyzer tests, ranging from legitimate-sounding conditions to downright creative fabrications. Ultimately, most of these excuses don’t carry much weight when scrutinized. Breathalyzers are reliable tools, and officers have training to ensure results are accurate and fair.
While it’s easy to see why someone might try to explain away a failed test, the best approach is to focus on responsibility and legal counsel. Driving under the influence is a serious issue that endangers lives. If you’ve failed a breathalyzer or find yourself in a tough situation, consider the consequences and seek professional guidance instead of relying on myths or excuses.
