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Can putting a battery in your mouth help you beat DUI charges?

On Behalf of | Mar 6, 2023 | DUI

If you have lived in Pennsylvania for any time at all, you probably know just how seriously the Keystone State takes driving under the influence of alcohol. Indeed, according to PennDOT a DUI conviction can come with the loss of your driving privileges, a requirement to attend driving school, higher insurance rates and steep fines.

Luckily, officers cannot arrest you on a whim, as they must have probable cause to support your arrest. In most DUI situations, this probable cause comes from a failed breath test. Regardless of what you might have heard, putting a battery in your mouth cannot help you beat DUI charges.

Do not believe untrue information

As a young driver, you have probably heard plenty of myths about drinking and driving. One of the more common myths suggests that the metal in batteries can interfere with DUI breath tests. Like other myths, the battery-in-the-mouth myth has some basis in fact. That is, in the early years of DUI breath testing, metals could sometimes marginally affect test results.

That is no longer the case because DUI testing has advanced significantly over the decades, metals in your mouth are not going to have any effect on the outcome of your test. Simply put, rather than helping you avoid DUI charges, a battery in your mouth is likely to make you choke.

Know your legal rights

Because Pennsylvania has an implied consent law, you cannot refuse a DUI breath test without facing some consequences. You can, however, know and exercise your legal rights. Remember, other than providing some basic information, you do not have to answer invasive questions from officers.

Ultimately, because officers often try to get DUI suspects to incriminate themselves, you are usually better off saying as little as possible.

Pennsylvania Drunk Driving Defense: Law, Tactics, and Procedure | by Patrick F. Lauer, Jr. | Revere Legal Publishers