For the police to lawfully arrest a driver for drunk driving during a traffic stop, they may need to have probable cause that a driver is inebriated. The police may have evidence that a driver is drunk if they blatantly state that they were drinking, if they were reckless or if they fail a field sobriety test. The police can also gather strong evidence by having a driver take a breath test.
Breath tests are frequently used during traffic stops. It’s often believed that breath tests can be tricked. Is that true?
How breath tests work
A breath test is a small machine that’s about the size of a hand, which the police may carry on their belt or in their vehicle. The machine has a small straw or tube that the driver blows into. After a few seconds of blowing into the machine, the device will read a number. This number represents a driver’s blood alcohol content (BAC).
BAC is the amount of alcohol a driver has in their body. The more alcohol someone drinks, the higher their BAC reading is. In Texas, the legal BAC limit is 0.08% or higher. Violating this BAC limit can lead to serious penalties, such as incarceration and license suspension.
Common breath test myths
A lot of myths about breath tests relate to how the machine works. It’s often believed that breath tests won’t work correctly if a driver sucks on a penny. However, this myth has been frequently debunked. Another myth is that breath mints, mouthwash, gum and other similar products can lower a driver’s BAC levels. However, many of these products contain small amounts of alcohol, which can raise a BAC reading.
There are no proven ways to trick a breath test. Accused drivers can protect their rights when they seek legal guidance.
