If the blood test and breath tests come back negative of alcohol and/or drugs (including potentially prescription drugs), then the DUI should not be charged… The arrest would still be on your record even if charges are not filed. It may be able to get the arrest records sealed if factual innocence can be established.

about four to six weeks

A blood test will determine the amount of alcohol in your system along with any drugs or medicine you have taken. As the most invasive test, there are limited situations where the police can take your blood. A DUI lawyer can help you if the police wrongfully took your blood.

Are DUI Blood Tests Reliable? DUI blood tests are generally thought to be reliable since the evidence (i.e. blood sample) can be re-analyzed at a later date. However, a problem with the reliability of DUI blood tests is that lab testing errors may throw off the results of the tests in some cases.

Generally speaking, if you strongly feel that you are under the legal blood-alcohol content limit of . 08%, you will want to choose a blood test because it is more accurate. Breath tests have a larger margin for error. They can be skewed by mouthwash or other products that contain alcohol.

Law enforcement personnel follow precise rules to be certain breathalyzer tests function properly. If officers fail to calibrate the test correctly, you could receive a false-positive reading. Some foods may encourage a breathalyzer test to give inaccurate readings.

Products Known to Cause False Readings

• Ripe fruit.
• Honey Buns.
• Breads (such as white or sourdough)
• Hot sauces.
• Protein bars.
• Sugarless gums.
• Dishes prepared with or cooked in beer, liquor, or wine.

Unless you’re washing your lungs out with a peanut butter sandwich, it won’t help you beat a breathalyzer test. So, when it comes to beating breathalyzer tests, there’s only one solution: don’t drink and drive. Even a small amount of alcohol can cause impairment.

A television news crew, reporting on a DUI case that ended up being dismissed in Massachusetts, used Crest toothpaste, which contains sorbitol, and a lozenge, on a subject that had no alcohol. The toothpaste resulted in a . 04% reading on a breath testing device in that state that had read a 0.0% before the test.

Breathalyzers can detect alcohol that may be trapped in the small crevices of dental work or mouth piercings. The answer is “yes.” Mouthwash, along with a number of other things, can cause a breathalyzer to produce an incorrect blood alcohol reading which, in turn, can cause a person to be falsely arrested for DUI.

The acid produced in the stomach or esophagus from heartburn, acid reflux and gastrointestinal reflux disease can skew a breathalyzer test as well. Even breathing into the breathalyzer equipment with short breaths can produce inaccurate readings, leading to you unjustly being charged with a DUI.

Can You Speed Up This Process? Once alcohol is in the bloodstream, it can only be eliminated by the enzyme alcohol dehydrogenase, sweat, urine, and breath. Drinking water and sleeping will not speed up the process. Coffee, energy drinks, and a cold shower will not sober you up faster.

Appearing sober

1. Coffee. Caffeine may help a person feel alert, but it does not break down alcohol in the body.
2. Cold showers. Cold showers do nothing to lower BAC levels.
3. Eating and drinking.
4. Sleep.
5. Exercise.
6. Carbon or charcoal capsules.