8 foods that will make you fail a breathalyzer test - Virginia DUI lawyer explains

hi I'm blue Nichols with Nichols in green hi I'm Dan Stevens and we're not drunk well not yet okay so we're gonna go ahead and we're gonna try and see what effects a breathalyzer test we're gonna try different foods different ingredients some toiletries see what kind of things cause breathalyzer errors all right now we're gonna prove we're not drunk we're going to use the CM is d2 this is the preliminary breath test device used by the Fairfax County Police Department and many of the departments here in Northern Virginia this device works on the same principle as almost every breathalyzer device out there on the market it's an electrochemical cell so we're gonna see whether or not we are sober starting with Dan all right so I'm gonna hit set okay and blowing already so right there that is a point zero zero one which is within acceptable range of zero so anything point zero zero two two point zero zero negative two you know that's legitimate all right by the way I was an old strong all right so we're gonna hit set and we'll see is there's a little light here that tells you you're blowing hard enough and the green light tells you you blow long enough all right point zero zero one low point zero zero two alrighty so I win so now you know that all of our problems are not related to being drunk anyway so first off got some minim and orange juice so we're gonna see if this does anything tastes good why don't you no thank you already got your Java all right boy 0:02 so no dice on the orange juice but point zero zero three Wow yeah so very very little point zero zero four look at that I think it's a mimosa so this is an extremely small amount of alcohol so point zero zero two I mean this it's it's a very minut about but a very small amount leave this out under the radiator for a little bit longer maybe that number would go on so now we've got jumbo Honeybuns company so we're gonna go see if he's containing the alcohol yeah okay it's for science so we'll be trying to guess for science science is awful hmm you go for the whole thing for science bit so precise okay okay whoa that one's taken off on your rocket point O three nine seems to be where it's plateauing AK wow that's almost twice the legal limit if you have a restricted license or if you're a minor it's been about six minutes yeah so the machines finally cleared out so we're gonna try it again see 0.002 so about six minutes after eight the honey button there's no alcohol left him back to what I was before hands 0.002 so I thought six minutes so honey buns definitely have alcohol in them but it's gone within six minutes so now I'm gonna try tic tacs while dad works on his second round so so to do a pair of sampling we're gonna have to really give it a go okay so I just need more tic tacs than any human being should ever eat we're gonna see what it does oh yeah point zero zero one actually went down all right so now we're gonna try Dijon mustard so see what happens with that mm-hmm you got someone your suit Hey nope nothing just the long lingering horrible days what some tic-tacs all right I'm gonna try some pure vanilla extract I maybe just maybe just take a little on your finger and swap it about the big so just to try it for a little bit cuz nobody drinks it I'm not gonna drink it I'm just gonna switch it around and spit it out and try it just a little bit there's how much alcohol is there in five percent okay yeah so Oh vanilla extract is essentially vodka where you put a vanilla bean in it let it sit for a month or two adult wrong vodka it is a strong vodka so this is like you have been kissing the gray Guzzi your it started to slow down at point four six six so at that level the highest DUI I've ever heard of was 0.46 six so or then I've ever personally messed with alright so now we're going to try a Clif Bar and see what this does so this is white chocolate macadamia nut it doesn't have alcohol and at least give me the protein and carbs a day mmm that looks good all right point oh one one nice so yeah that's what I get well point oh one two so three bytes four bytes from a cliff bar and I'm on there if I eat the whole thing in blue into it I probably would get a little bit higher too so now we're gonna try a little Pam nonstick spray normally you put this on food or in a skillet but we don't want to contaminate the experiment so we're going to go straight to the source things like rubber cement well point zero zero one sorry the internet told me this would work I just goes to show you don't believe anything okay now we're gonna try a normal ordinary piece of white bread you want to be Pam on that [Music] okay all right they're at 0.01 9 0.02 that right there is an ignition interlock failure dad will get you violating your probation if you're on a DUI having this in their life and that is the legal limit for people under the age of 21 one piece of bread one piece if not even go one piece now we're gonna try some extra gum peppermint flavor now you hear a lot of people say if you have gum in your mouth and you take a breath test that affects it it's true but not for the reasons that people think the gum doesn't have alcohol but the gum traps alcohol so if you drink alcohol while chewing gum that gum that alcohol gets stuck in the gum and then when you take the breath test you release some of that alcohol so as long as you aren't chewing gum wall you have alcohol in your mouth gum doesn't appear to affect anything all right now we're gonna try to paste does toothpaste cause a breath eliezer to do bad results let's see [Applause] all right one zero zero one no no nope what's your faced yeah alright so next we're gonna do the saltines with the hot sauce on them yeah I've heard rumor a hot sauce will do it I'm curious about this one oh I could smell it already punch it mm-hmm right on the top all right Oh point zero zero four nice so it looks like there's a very small trace amount of alcohol in there and there was probably an eighth of a teaspoon of the most well so we just need to do more yeah well once just like drink half the bottle and see but we're slowly point zero okay so next we're gonna try to coughs herb now I got the robitussin cough syrup obviously cough syrups like nyquil that's infamous for having a lot of alcohol in it that will obviously trigger results so we're gonna try robitussin something a little less obvious bottoms up oh oh I like the Pam spray better yeah weird zero zero one Danny yeah alright next on the list is O'Toole's non-alcoholic beer [Laughter] point zero two eight yep that's over the legal limit for minor self yeah don't drink O'Doul's right before driving yeah yeah or ever really okay next we're gonna try Listerine cool mint that's your bottom now I think Listerine might trigger you know oh yeah yeah so in case people are getting confused at home point zero eight is the legal limit not point eight so that right there is nine times the legal limit that's over nine times the legal limit right there so but this much alcohol in your mouth will take a good 35 minutes to completely and utterly get out so the effects of Listerine lasts a half an hour easy so if you've had littering within half an hour of taking a breath test it's going to have at least some effect alright so white bread Honeybuns Listerine Clif bars these things can cause false positive in breath tests but let me make this clear you won't get drunk eating a loaf of white bread okay there's a difference between having a legitimate blood-alcohol content 0.02 and producing a point o to BAC breathing on the machine what it is is it has to do with mouth alcohol okay then this machine is designed to detect the very small faint light bits and alcohol then escape from your blood into your lungs when you've been drinking actual alcohol in your mouth is at a much higher concentration than the alcohol fumes in your lungs so when alcohol gets in your mouth and you blow into this machine it produces a much higher reading and when alcohol goes from your blood to the air in your lungs and it that's mouth alcohol that's why the readings disappear so quickly as the mouth alcohol evaporates the reading goes away so what you can see is the higher the alcohol reading the longer it takes to dissipate but even with the Listerine it was all gone after 35 minutes with the bread and the honey buns 3/4 minutes nothing so our conclusion is that certain foods can cause false positives on a breathalyzer machine but only if you eat them immediately before taking the test that's why when you take a breath test at the police station they make you wait 20 minutes before you can take the test they observe you for 20 minutes to make sure you don't eat anything and put anything in your mouth before you take the test additionally on the ignition interlock system in your car most of them have a retest within 5 minutes so if you fail the test you should retest in 5 minutes well within 5 minutes there should be a great reduction in the results so if you see a somebody fail at the ignition interlock test and then the retest is much lower than the first test that's an indicator of mouth alcohol rather than blood alcohol the takeaway from this is if you have ignition interlock you're gonna take a breath test don't eat anything prior to taking give yourself a good 20 minutes and you should be fine but yes food can cause false positives on a breathalyzer test anyway thanks for watching if you have a criminal charge in Northern Virginia give us a call at Nichols and Green me or my law partner will be happy to do a free consultation with you over the phone or in person thanks for watching

Channel: NicholsGreen

Views: 250,661

Rating: 4.5586462 out of 5

Keywords: breathalyzer test, breath test, DUI Lawyer, Virginia DUI Lawyer, DUI Attorney, Virginia DUI Attorney, Va. DUI Lawyer, Fail breath test, Fail Breathalyzer test, honey buns, listerine, white bread, vanilla extract, non-alcoholic beer, cliff bars, orange juice, What food have alcohol

Id: xsbfp3dSQR0

Length: 16min 26sec (986 seconds)

Published: Mon Feb 08 2016