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

Поділитися
Вставка
  • Опубліковано 7 лют 2016
  • A Virginia DUI lawyer demonstrates how 8 food can make you fail a breathalyzer test because of something called mouth alcohol. Mouth alcohol is when there is trace amounts of alcohol in your mouth. Small amounts of mouth alcohol can cause extreme high false breathalyzer readings. However, mouth alcohol evaporates rather quickly in normal situations.
    Here are some foods that can cause false breathalyzer readings: Orange Juice, Honey Buns, Cliff Bars, White Bread, Hot Sauce, Non-Alcohol Beer, Vanilla Extract, and Listerine mouth wash.
    Attorney Luke Nichols and Officer Manager Dan Stevens from the Law Firm of Nichols & Green pllc in Fairfax, Va. test several foods and urban legends to get to the bottom of what food will actually create false breath test readings.
    For more information about DUI laws and DUI defenses in Virginia check out our website at nicholsgreen.com/
    If you are charged with a DUI or any other criminal offense or traffic offense in Northern Virginia, call the law firm of Nichols & Green pllc for a free consultation about your case. (703) 383-9222

КОМЕНТАРІ • 70

  • @a787fxr
    @a787fxr 5 років тому +249

    This video begs the question... What foods can help you pass a breathalyzer test?

  • @arvos21
    @arvos21 6 років тому +72

    Perhaps this is why police make you wait 15 minutes of observation time before taking a test???

  • @oceanmartin670
    @oceanmartin670 5 років тому +16

    I so enjoyed your "taste test" vid, laughed at your commentary! The sacrafice you made with the Tic Tacs was so admirable. Thank you all for your sacrafices. This was fun. 😄

  • @outertalepapyrus1058
    @outertalepapyrus1058 8 років тому +28

    I like how you guys made this entertaining and informative instead of just informative. Thank you, this helped me out a lot. And gets me laughing... 😄

  • @iliapopovich
    @iliapopovich 7 років тому +30

    In Russia is a criminal offence to use this electronic device.

  • @TheMattc999
    @TheMattc999 5 років тому +23

    Orange juice, honey buns, white bread, and hot sauce....guess I'm getting a DUI.....

  • @charlieabbot3649
    @charlieabbot3649 5 років тому +46

    How to beat a DUI.....
    Uber!

  • @laurabeecham502
    @laurabeecham502 8 років тому +9

    You guys were awesome! It was informative and harlarious. The dijon mustard...lol! Thanks for the tips. Very helpful.

  • @Cammmmeron
    @Cammmmeron 5 років тому +15

    At about 14 seconds in did he just say "toiletries"? LOL

  • @BrianWingard
    @BrianWingard 8 років тому +23

    Very interesting, I never knew half of those foods would play a role in increasing the alcohol level on a breathe test.

    • @NicholsGreen
      @NicholsGreen  8 років тому +11

      +Brian Wingard Most of them are very temporary affects so typically they only affects people on probation for DUI. Unfortunately those are the same people that the system doesn't like and it can be an up hill battle "proving your innocence" if you are ever accused of failing an ignition interlock test.

  • @akademikz23
    @akademikz23 6 років тому +46

    How long did you have explosive diarrhea after filling this?

  • @steveo288
    @steveo288 8 років тому +8

    Informative and funny video. Nicely done!

    • @NicholsGreen
      @NicholsGreen  8 років тому

      +steveo288 Thanks, we try. Doesn't do anyone any good if it is so boring they don't watch it.

  • @GordonMiller
    @GordonMiller 7 років тому +80

    You guys are insane. This video should have a million views just for the fun factor.

    • @NicholsGreen
      @NicholsGreen  7 років тому +17

      They really shouldn't leave us alone with a the company credit card and video camera. Lol

  • @c-bread4204
    @c-bread4204 5 років тому +24

    How about trying a dip of snuff, such as, Copenhagen.

  • @luisdobbs1001
    @luisdobbs1001 6 років тому +16

    a fair sampling of tic tacs would have been 1 or 2. he just wanted an excuse to eat a handful.

  • @stevepseudonym445
    @stevepseudonym445 5 років тому +9

    If you want even more fun you could let the company buy you a cocktail or two so that you start with a modest, but real, blood alcohol level. I'm assuming that anything that results in mouth alcohol would supplement the blood alcohol, and therefore increase the reading, but it's always good to confirm though experimentation. Somewhat unlikely, of course, but I can envision having a legal (for those of us not on probation for a prior DUI) BAC of 0.05 as a result of a cocktail during dinner being artificially inflated to 0.08 or so when they give you a breathalyzer test on the side of the road 30 minutes after you used Listerine. Sure, you should be fine when they give you an official test at the station, but you'd need to get arrested, and possibly have your car towed, in order to be cleared of wrongdoing.
    Of course I'd presume that you have to fail the field sobriety test before they'd give you the roadside breathalyzer test, but some of us have medical issues that could make the test difficult, and I imagine some people just have lousy balance.

  • @binauralboost7401
    @binauralboost7401 6 років тому +5

    watch out for energy drinks, or the coffee energydrinks. any fruit as well, as the natural fermentation that occurs can be just enough to fail a breathalyzer.

  • @MarsMan1
    @MarsMan1 8 років тому +17

    That is "taking one" for the Team. Hilarious!

  • @brucebratschi4300
    @brucebratschi4300 5 років тому +23

    Your testing making me laugh. Hope you get some clients from watching this. LOL

  • @dchiffy
    @dchiffy 5 років тому +32

    You should test the breath of people that are on the keto diet/lifestyle

  • @PlanetRockJesus
    @PlanetRockJesus 6 років тому +5

    LOVE YOU GUYS!

  • @cjswag
    @cjswag 5 років тому +6

    This video is hilarious. You guys are fantastic.

  • @TheHoustonHustler
    @TheHoustonHustler 6 років тому +38

    Beer, vodka,tequila,scotch, Bourbon, rum, wine, whiskey Yea any one of those 8 will do it.

  • @davemarx7856
    @davemarx7856 6 років тому +22

    Honeybuns and hotsauce?
    Well I'm boned.

  • @TerryMarineBMF
    @TerryMarineBMF 8 років тому +51

    Fun and funny. Informative and practical; but listen. At the part where the lawyer eats a big ol' honey bun; and his "blood alcohol" skyrockets, I'm alarmed. Now the obvious thought is that one could be arrested for eating a honey bun. But also, has law enforcement reached such a level in our society, where this SHOULD occur? I understand that our noble citizenry must be protected from drunk drivers. But that one could be arrested for eating a honey bun, seems absurd. Coupled with the fact that encounters with the police could potentially turn lethal, and it seems we are reaching some sort of plateau.

    • @NicholsGreen
      @NicholsGreen  7 років тому +18

      A honey bun alone would not likely result in a DUI conviction because most places do not allow you to put anything in your mouth within 20 minutes prior to the official breath test and any effect of a honey bun would be gone in less than 20 minutes. Where it is really a problem is people who are probation for DUI. They have to drive around with breathalyzers in their car and if they grab a snack on the way to work, it could result in their probation officer violation them because of positive alcohol readings on their ignition interlock. That happens with some regularity.

  • @dashcam6204
    @dashcam6204 8 років тому +2

    Very good. May I suggest various foods that one can get at various drive-thru eating establishments for your next video? :-) [given that people will drive almost immediately after finishing eating]

    • @NicholsGreen
      @NicholsGreen  8 років тому +3

      +Dash Cam Sounds like some fun (but unhealthy) field research is in order.

    • @1nuttattoo
      @1nuttattoo 8 років тому +7

      Popeye's fried chicken will set it off for sure. My interlock counted it as alcohol

  • @GordonMiller
    @GordonMiller 7 років тому +3

    I use Listerine like that and have always been worried that if I swish some before I go out for the evening and then hit a DUI checkpoint on the way somewhere, then if I end up with a test, I would give a false positive. Since you are in VA, I understand that I can request a blood test. What is the best strategy?

    • @NicholsGreen
      @NicholsGreen  7 років тому +3

      The law has changed and you can't request a blood sample anymore in Va. Just remember that all these mouth alcohol effects (including Listerine) disappear after 20-40 minutes max. By the time the officer pulls you over, interrogates you, does the field tests, gets you to the breathalyzer back at the station, and waits the mandatory 20 minutes prior to testing all the Listerine and mouth alcohol should be gone as long as you haven't put something in your mouth again or have dentures or gum ect. in your mouth. Listerine only really affects ignition interlock and roadside breath tests unless the breathalyzer operator cuts corners

    • @NicholsGreen
      @NicholsGreen  7 років тому +2

      +Gordon Miller you can't request a blood test in Va anymore. But with Listerine the result drop by half in about 5 min and disappear completely after 45 min. It may affect a breathtest on the roadside but you'd be fine by the time you blew at the station.

  • @MrYy45
    @MrYy45 7 років тому +7

    good job guys

  • @paulforester6996
    @paulforester6996 5 років тому +13

    Am I the only one that wanted him to put hot sauce , honey mustard, vanilla , toothpaste , cough syrup and hot sauce on the honeybun, then eat it, washing it down with a mix of orange juice non-alcohol beer and Listerine.
    Yum yum. 😝🍝🍯

  • @thefrugallandlord2226
    @thefrugallandlord2226 6 років тому +16

    Honey buns doesn't contain any alcohol, it contains yeast, sugar, and carbs which turns into ethanol.

    • @NicholsGreen
      @NicholsGreen  6 років тому +25

      Ethanol is a form of alcohol and it inside honey buns.

  • @joshbutler9153
    @joshbutler9153 6 років тому +2

    I'm curious all the cop shows i see they hold their hand in front of the device you guys should check for different readings

    • @NicholsGreen
      @NicholsGreen  5 років тому +1

      Cops do that because drunks tend to grab the machine and mess up the reading by accidentally hitting buttons ect.

  • @artlopes9463
    @artlopes9463 5 років тому +4

    What about alcohol occuring naturally in the body?

    • @NicholsGreen
      @NicholsGreen  5 років тому +2

      The machine cannot tell where the alcohol came from, it only measures it.

  • @BBBYpsi
    @BBBYpsi 6 років тому +4

    This is why you should ask for a blood test.

    • @NicholsGreen
      @NicholsGreen  6 років тому +2

      In Virginia you do not have a right to choose whether you take a blood or breath test.

  • @nickhill8612
    @nickhill8612 4 роки тому

    Wow honey buns ?
    I don't know what a cliff bar is.

  • @ak7wyf
    @ak7wyf 8 років тому +17

    catfish carp?????

    • @NicholsGreen
      @NicholsGreen  8 років тому +12

      +ka7wyf If you think I am good a fishing, you should see me in court. : )

  • @nvabill
    @nvabill 5 років тому +3

    Just a quick note of caution, Virginia police are required to wait at least 20 minutes since you ate or drank anything before giving any type of breath test. This is to make sure the sample is as accurate as possible.

    • @NicholsGreen
      @NicholsGreen  5 років тому +10

      Not true, the breath test at the police station is the only test with a wait period. The road side breath test, Ignition interlock breath tests, tests by probation officers and all other breaths tests have no wait period at all.

  • @Swoop180
    @Swoop180 5 років тому +5

    Does anyone really enjoy Honeybuns?!!!

    • @NicholsGreen
      @NicholsGreen  5 років тому +5

      Heck yeah, they're awesome. And I am not just saying that because I sprayed Pam in my mouth and ate a fist full of tick tacks. LOL

  • @ashgall8118
    @ashgall8118 7 років тому +2

    I don't think they need lunch after this.

  • @WsK0ala
    @WsK0ala 6 років тому +13

    For what it is worth, Listerine takes longer than 30-40 min to get out. Or for me it did.
    Went to meps, used travel size Listerine. Had breakfast, drank water, "emergenC" and had Tylenol for a cold that was developing. In that order. Little over an hour or 2 later, had a breathalyzer test and blew a .01. In fifteen min they retested me at 0. Career about went down the toilet over good hygiene! Lmao

  • @waltonshattuck6454
    @waltonshattuck6454 6 років тому +2

    My state (and likely many others) requires a 15 minute period from initial contact before giving the breathalyzer test. Obviously, that is to allow your mouth to stabilize in case you ate or drank something just before being stopped. In your demonstration, often some of the food item was still in your mouth when you blew the straw. This will skew the results greatly. Great for demonstration, but not accurate for real life.

    • @NicholsGreen
      @NicholsGreen  6 років тому +5

      there are many different situations where officers and probation officers use breathalyzers are you are thinking of only one of those situations. in my state all DUI convictions result in probation and mandatory ignition interlock where you have to install a breathalyzer in your car and a failed result can result in a probation violation and jail. people eat food in their cars all the time. prelimart breath tests prior to DUI arrests are also administered without a wait period. probation and ASAP officers also administer PBT tests without a wait period.

  • @ClarissaPacker
    @ClarissaPacker 5 років тому +3

    Later that day where farting flames.

  • @bad8unny253
    @bad8unny253 6 років тому +5

    LMFAO, those guys have a problem ;)

  • @Cookie12beast
    @Cookie12beast 5 років тому +4

    What kind of person chews tic tacs

    • @NicholsGreen
      @NicholsGreen  5 років тому +9

      The kind of man that eats prosecutors for breakfast LOL