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New York City DUI Attorney Debunks 3 Breathalyzer Myths

If New York police have arrested you for driving under the influence, then you probably know what it’s like to use a breathalyzer – and to fail one. However, even if your BAC was above the legal limit, there may be a defense that could work in your favor. In fact, if the device was incorrectly calibrated, or if the officer was not qualified to administer the test, then a DUI attorney can contest the results in court.

New York City DUI Attorneys Goldberg and Allen


If you are facing DUI charges, then a New York City DUI attorney from Goldberg & Allen, LLP may be able to help. We can evaluate your situation and structure a comprehensive defense. Call us today at 212-766-3366 to schedule a consultation.

In the meantime, read on to learn the truth behind three common myths about breathalyzers:

Myth 1: Breath fresheners can lower BAC readings.

Many people believe they can lower their BAC reading by consuming breath fresheners, mouthwash, mints, curry or even garlic. The origin of this myth is unclear, but it has landed many drivers behind bars.

BACtrack worked with the Discovery Channel to test the effect of consuming certain foods and drinks on BAC readings. The result: No food or drink within the test group could trick the breathalyzer. In fact, products such as mouthwash contain alcohol, which may elevate your BAC reading.

Myth 2: Holding your breath or hyperventilating will reduce your BAC reading to 0.0 percent.

There is a small possibility that hyperventilation will reduce your BAC reading. This is because hyperventilating may replace some of the alcoholic gas in your lungs with fresh air, thus potentially lowering the breathalyzer results.

At best, this process will reduce your BAC measurement by up to 10 percent, but you will still test positive for alcohol. If you are close to the limit, then it may just keep you under, but this is highly unlikely.

Trying to hyperventilate can also backfire. If you agree to take field sobriety tests, which you should never do, then hyperventilating can cause dizziness and hinder your coordination.

Myth 3: If your BAC is below 0.08 percent, then it is safe to drive.

Many people believe that if their BAC levels are lower than the legal limit, then they can drive safely. Even if you are legally allowed to drive, you should never get behind the wheel after consuming alcohol; just one drink can influence your reaction time and coordination.

What If New York Police Arrest Me for DUI?

There are few experiences that can match the stress and anxiety of a DUI arrest. Just the thought of steep fines, lost driving privileges and time behind bars is enough to cause panic. Fortunately, there are several defense strategies that may work in your favor.

If you are facing DUI charges in New York, then Goldberg & Allen, LLP can structure your defense. A New York City DUI lawyer from our firm will evaluate the charges and explain the potential outcomes of your case. Call us today at 212-766-3366 to schedule a consultation.


By |2017-08-31T17:43:40+00:00November 16th, 2015|Blog, Criminal Attorney|Comments Off on New York City DUI Attorney Debunks 3 Breathalyzer Myths

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