In Virginia, breath test results are crucial evidence in DUI cases. Given their significance in prosecutions, various online sources suggest ways to lower one’s breath test results. However, most of these tips are myths. Interestingly, one legitimate factor can impact breath test outcomes—though not always to your advantage.
Studies show that how you blow into the machine affects the results. Breath tests work by measuring the alcohol concentration in a person’s breath. After drinking, there is generally more alcohol in the deeper parts of the lungs. So, if someone holds their breath before blowing, the BAC reading can increase by up to 15.7 percent, as air has more time to absorb alcohol from the lungs. Hyperventilating before the test can reduce the BAC by around 10.6 percent.
Unfortunately, law enforcement sometimes capitalizes on this by instructing DUI suspects to take a deep breath and blow hard into the machine, causing higher BAC readings and increasing the chances of a DUI charge.
Tips to Protect Yourself During a DUI Breath Test
How long do you blow into a Breathalyzer? Breath test machines require only about seven seconds of breath to measure blood alcohol concentration (BAC) accurately. The machines don’t need you to blow particularly hard to generate a reading, so following these tips can help ensure that your BAC results remain accurate:
- Breathe into the machine regularly, like sipping through a straw, for about seven seconds.
- Avoid holding your breath or taking a deep breath before exhaling.
- Inform the officer if any medical conditions affect your ability to blow steadily.
- Request a copy of your breath test results.
In Virginia, improper breath test administration can result in dismissed results. For example, in 2013, a Columbia judge ruled that BAC results were inadmissible when an officer instructed the suspect to “blow hard” into the device. While this ruling doesn’t apply to all cases, it highlights the importance of proper procedure in DUI cases.
If you’ve been arrested on DUI suspicion, consulting an experienced criminal defense attorney as early as possible is essential. An attorney can review the details of your arrest and work on building a solid defense for you.
