Industry News for Criminal Defense Law in Columbia, South Carolina

Does Mouthwash Affect Breathalyzer Tests? Debunking DUI Myths in Columbia, SC

 

If you’ve been pulled over on suspicion of driving under the influence (DUI) in Columbia, South Carolina, you might be tempted to try various methods to “beat” a breathalyzer test. At Thompson & Hiller, we’ve heard numerous myths and misconceptions about how to outsmart these devices. One common belief is that using mouthwash can help lower your blood alcohol content (BAC) reading. Today, our experienced DUI defense attorneys, Lacey Thompson and Laura Hiller, are here to debunk this myth and provide accurate information about breathalyzer tests in South Carolina.

 

The Mouthwash Myth: Why It Doesn’t Work

 

Many people believe that quickly rinsing with mouthwash before a breathalyzer test can help mask the smell of alcohol or even lower their BAC reading. This is not only false but can actually make your situation worse. Here’s why:

 

  1. Mouthwash contains alcohol: Most mouthwashes contain a significant amount of alcohol. Using it immediately before a breathalyzer test can actually increase your BAC reading.

 

  1. Residual mouth alcohol: Even if you don’t swallow the mouthwash, the alcohol residue in your mouth can affect the breathalyzer results, potentially pushing you over the legal limit.

 

  1. Officers are trained to detect tricks: Law enforcement officers in Columbia are well-aware of these tactics and are trained to observe suspects for a period of time before administering the test, allowing residual mouth alcohol to dissipate.

 

Other Common Breathalyzer Myths Debunked

 

The mouthwash myth isn’t the only misconception circulating about breathalyzer tests. Let’s address a few other common myths:

 

Myth: Eating strong-smelling foods can mask alcohol

 

Reality: Breathalyzers detect alcohol in your breath, not odors. Eating onions, garlic, or any other strong-smelling food won’t affect the test results.

 

Myth: Holding a penny in your mouth can fool the breathalyzer

 

Reality: This myth suggests that the copper in pennies can interfere with the breathalyzer’s sensor. However, breathalyzers are designed to detect alcohol, not metals, and this tactic won’t affect the results.

 

Myth: Hyperventilating can lower your BAC reading

 

Reality: While hyperventilating might slightly lower your BAC temporarily, the effect is minimal and short-lived. Officers are trained to watch for such behavior and may wait before administering the test.

 

The Science Behind Breathalyzers

 

To understand why these myths don’t work, it’s helpful to know how breathalyzers actually function. Modern breathalyzer devices used by law enforcement in Columbia, SC, typically use one of two technologies:

 

  1. Fuel cell technology: This type of breathalyzer measures the electrical current produced when alcohol is oxidized. The stronger the current, the higher the BAC.

 

  1. Infrared spectroscopy: This technology identifies molecules based on how they absorb infrared light. Alcohol molecules have a specific absorption pattern, allowing the device to measure BAC accurately.

 

Both these technologies are specifically designed to detect alcohol and are not easily fooled by external factors like mouthwash, food odors, or other substances.

 

Legal Implications of Attempting to Trick a Breathalyzer

 

Attempting to manipulate a breathalyzer test in Columbia, SC, can have serious legal consequences:

 

  1. Obstruction of justice: Intentionally trying to alter the results of a breathalyzer test could be considered obstruction of justice, a separate criminal offense.

 

  1. Implied consent laws: In South Carolina, driving on public roads implies your consent to chemical testing if suspected of DUI. Refusing or attempting to manipulate the test can result in automatic license suspension.

 

  1. Additional evidence: Attempting to trick the test can be used as evidence of consciousness of guilt in court, potentially strengthening the prosecution’s case against you.

 

What to Do If You’re Pulled Over for DUI in Columbia, SC

 

If you find yourself pulled over on suspicion of DUI in Columbia, here are some steps to follow:

 

  1. Remain calm and polite: Being confrontational or aggressive will only make the situation worse.

 

  1. Exercise your right to remain silent: You’re not required to answer potentially incriminating questions.

 

  1. Don’t volunteer to perform field sobriety tests: These tests are often subjective and can be challenged in court.

 

  1. Understand the implications of refusing a breathalyzer: While you have the right to refuse, doing so can result in automatic license suspension under South Carolina’s implied consent law.

 

  1. Contact a DUI defense attorney as soon as possible: An experienced attorney can guide you through the process and help protect your rights.

 

How Thompson & Hiller Defense Firm Can Help

 

If you’ve been charged with DUI in Columbia, SC, the attorneys at Thompson & Hiller are here to help. We can:

 

  1. Evaluate the circumstances of your arrest and breathalyzer test
  2. Challenge the validity of the test results if proper procedures weren’t followed
  3. Negotiate with prosecutors for reduced charges or alternative sentencing
  4. Represent you in court and fight for the best possible outcome

 

Remember, a DUI charge is not the same as a conviction. With proper legal representation, you may be able to avoid the most serious consequences of a DUI arrest.

 

Conclusion: Trust Facts, Not Myths

 

When it comes to DUI and breathalyzer tests, it’s crucial to separate fact from fiction. Attempts to trick or manipulate these tests often backfire, leading to more severe legal consequences. Instead of relying on myths and potentially harmful tactics, your best course of action is to understand your rights and seek professional legal counsel if you’re facing a DUI charge in Columbia, SC.

 

At Thompson & Hiller, we’re committed to providing accurate information and robust legal defense to those facing DUI charges. If you’ve been arrested for DUI or have questions about breathalyzer tests in South Carolina, don’t hesitate to reach out for a consultation. Let us put our experience and knowledge to work for you, ensuring your rights are protected throughout the legal process.