What Are the Best Excuses for Failing a Breathalyzer Test?

Can You Actually Argue a Failed Breath Test?

Alright, let’s be real — failing a breathalyzer test is never a good look. But believe it or not, there are situations where a person might test over the limit without actually being drunk (or at least not as drunk as the machine says).

Now, we’re not talking about lying to the cops with some wild story. That usually backfires. But in court, in legit legal defense, context matters. And yep — there are some valid excuses (and a few not-so-great ones people have tried).

Common (and sometimes valid) excuses people give

"I used mouthwash right before driving"

Surprisingly, this one isn't total BS. Some mouthwashes contain high levels of alcohol, and if you blow into a breathalyzer minutes later, it can spike the reading. Temporarily, at least.

But — and here’s the kicker — police often wait 15-20 minutes before giving the test to avoid exactly this kind of false positive. So unless the test was immediate, this excuse might not hold up.

"I have a medical condition"

Now we're talking about stuff like acid reflux, GERD, or diabetes. These can affect breathalyzer readings in weird ways.

For example:

• Diabetics in ketoacidosis produce acetone, which can be misread as alcohol by some older or cheaper machines.

• People with GERD might have alcohol from the stomach rise back into the mouth — again, giving a falsely high breath reading.

It's not a get-out-of-jail-free card, but in court, this kind of medical evidence can be strong if properly documented.

"The breathalyzer was broken or poorly calibrated"

This one actually comes up a lot in DUI cases. Breathalyzers must be regularly calibrated and maintained, and if the defense can show that the machine wasn’t properly set up — boom, that test result can be tossed out.

I once heard of a case where the device hadn’t been calibrated in over a year… and that single detail changed everything. So yeah, this excuse ain’t sexy, but it can be super effective.

Excuses that don’t usually work (but people still try)

"I only had one drink!"

Classic. Almost everyone says this. The problem is, the breathalyzer doesn’t care what you say — it measures what’s in your breath. And even one drink, depending on time, body weight, and food intake, can put you over the limit.

Still, this excuse is so common that cops probably hear it in their sleep.

"The machine is a scam!"

Unless you have evidence (and I mean actual evidence — not a TikTok video), this comes off like conspiracy theory territory. Courts don’t buy it. Judges especially don’t.

Yelling “this is rigged!” never works. Don’t be that person.

"I was holding alcohol in my mouth!"

Some folks have claimed they weren't actually drinking, just holding alcohol in their mouth for some reason. Uhh… weird flex. Unless you’re a wine taster or did a tequila mouthwash for a dare, this sounds fishy.

Real talk: what actually works as a legal defense?

Technical errors, time gaps, or lack of probable cause

If the officer didn’t have reasonable suspicion to stop you, or skipped legal steps (like reading you your rights), that can weaken the whole case.

Also, time matters. Alcohol absorption varies, so if you were stopped right after your last drink, your blood alcohol could rise after the test — even if you weren’t over the limit while driving.

Tricky stuff, right?

Getting an independent blood test

Some lawyers recommend taking a blood test independently after being released. Blood tests are more accurate and less likely to be affected by external factors. If there’s a big discrepancy between the breath test and the blood test — you’ve got something to work with.

So... is there a “best” excuse?

There’s no golden excuse that makes a DUI vanish. But some explanations — if backed by evidence and expert support — can help your case or even get it dismissed.

Just to be 100% clear: this isn’t advice for dodging responsibility. It’s about understanding that breathalyzers, like any machine, aren't perfect.

Oh, and if you're wondering — no, eating a slice of pizza or putting pennies in your mouth (yeah, that myth still exists) won’t help. At all.

Final thoughts: honesty helps, but so does knowing your rights

Look, if you’ve failed a breathalyzer and you genuinely believe the result was wrong, get a lawyer who knows DUI law. Don’t rely on random excuses or internet tricks.

But if you're reading this just in case for some future maybe — do yourself a favor: take an Uber next time. Much easier than explaining mouthwash in court.

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