Breathalyzer Myths That Can Hurt Your Case

 


Breath tests feel final. A device prints a number, and many people assume the result decides everything. This belief creates mistakes. You waive rights you still have and miss defenses you could use. You also accept penalties you might avoid. This article clears up common breathalyzer myths and shows you how to protect your case.

1. If you blow over the limit, the case is unwinnable

A high reading is serious, but it is not the entire case. The device, the operator, and the process all count. Calibration logs, maintenance records, and observation periods can reveal issues. Medical factors and environmental interference can also push numbers upward.
 
Additionally, body-cam and dash-cam footage may tell a different story than the printout. Before you accept the number as final, get a qualified review. Start by speaking with DUI lawyers in Portland Maine. Early advice can help you make smart decisions.

2. Refusing the test avoids evidence, so it always helps

Refusal can trigger automatic penalties in many cases. This can include license suspensions and tighter court conditions. Judges may also view refusal as a factor when weighing facts. You might remove one piece of data, then add two new problems.
 
The better approach is informed choice. Know the implied consent rules, the timelines, and the consequences. If you have already refused, focus on deadlines for hearings. Act fast, document everything, and keep your record organized.

3. Mouthwash, breath mints, or gum can lower the reading

These products do not fix a high alcohol level. Some can even raise it. Many rinses and sprays contain alcohol, and residue in the mouth can spike a sample, even after a quick swish.
 
In addition, officers are trained to do an observation period to reduce the mouth alcohol effects. If that step is rushed or skipped, results can skew. Do not try hacks since they will backfire. If you used anything with alcohol, note the time and product. This detail can matter when the test process is reviewed.

4. Medical issues never affect breath tests

Acid reflux and GERD may push alcohol from the stomach into the mouth, which can inflate a reading. Diabetes can produce acetone in the breath, which some devices misread. Additionally, low-carb diets can raise ketones, and recent vomiting or burping can alter results, and asthma inhalers may leave aerosol traces.
 
None of this guarantees suppression, but each item is a lead. Share your health history with counsel, and be sure to bring prescriptions and over-the-counter lists. Precision helps build a credible narrative.

5. The machine is always precise, so calibration does not matter

Calibration is the backbone of reliability. Devices must be maintained on a schedule. Officers must follow specific steps, from warm-up to checks with control solutions. Paperwork and digital logs document that chain.
 
If records are missing or late, the foundation weakens. Even a well-kept machine can drift without routine service. Defense teams look for gaps, inconsistencies, and shortcuts. This is not technical nitpicking; it is basic quality control. A strong case tests the test, not just the driver.

6. You should talk your way out of it at the roadside

Most people overshare when stressed, but extra chatter rarely helps. It creates sound bites that seem confident in the moment, then read poorly later. Be polite, provide the required documents, and follow lawful instructions.
 
Do not argue science with an officer in the dark on a shoulder. Save detailed explanations for counsel. If you feel unwell or confused, say so calmly. Ask about your rights, and request clarity if you do not understand an instruction. Fewer words mean fewer problems to fix.

Endnote

Breathalyzers measure breath, not guilt. Numbers carry weight, but context decides outcomes. Protect your license and record by acting fast. Request maintenance and training logs, and preserve cruiser video and body-cam footage. Write down details while they are fresh, and work with counsel who understands local DUI laws and procedures. The right plan turns myths into manageable facts, then gives you a fair chance to move forward.

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Posted - 11/24/2025