It is easy to feel hopeless when facing DWI charges. A conviction can come with life-changing penalties that include expensive fines, driver’s license suspension and time behind bars.
Many people mistakenly assume that they are automatically guilty if they fail a breathalyzer test. However, there are several reasons why a breathalyzer could produce an inaccurate reading. For example, the device may not have been calibrated or administered correctly. If the results may have been inaccurate, then they will not be admissible as evidence against you in court.
Although your DWI lawyer can challenge breathalyzer results, some drivers assume there are ways to beat the breath test. Common examples of strategies that will not work include:
- Putting a battery in your mouth;
- Chewing gum;
- Placing a penny under your tongue;
- And burping.
If you are facing DWI charges, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a White Plains criminal attorney who can aggressively fight for a positive outcome to your case. He has been in practice for more than 25 years.
Call 914-772-8614 today to schedule a consultation. Until then, read on to learn the truth behind four myths about beating the breathalyzer:
Myth 1: You can beat the breathalyzer by putting a battery in your mouth.
This myth has some scientific bearing because some breathalyzers measure BAC using currents. However, putting a battery in your mouth will have no effect on the results.
Myth 2: You can beat the breathalyzer by chewing gum or using mouthwash.
Chewing gum or using mouthwash might mask the alcohol scent on your breath, bit it will not fool the breathalyzer. These devices test the concentration of alcohol in the air within your lungs. In fact, using mouthwash might hurt your cause because it may inflate the results.
Myth 3: You can beat the breathalyzer by placing a penny under your tongue.
This is perhaps the most common myth about beating the breathalyzer. However, it is entirely untrue according to BACtrack, a company that manufactures these devices.
Myth 4: You can beat the breathalyzer by burping.
Because breathalyzers measure the alcohol in the air of a person’s lungs, some drivers think they can beat the test by burping. This, however, will have no effect on the results.
What are the penalties of a first DWI conviction in New York?
The consequences of a DWI conviction depend on several factors including the defendant’s criminal history and the facts surrounding the offense. According to USAttorneys.com, if there are no aggravating circumstances, then the penalties of a first DWI conviction may include:
- Up to one year behind bars;
- A fine of $500 to $1,000;
- Driver’s license suspension for six months;
- Surcharge fee;
- Installation of an ignition interlock device;
- And a Driver Responsibility Assessment.
If New York police have arrested you for DWI, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a White Plains DWI lawyer who gives each case the individual attention that it deserves. Call 914-772-8614 today to schedule a consultation.