Debates are firing up everywhere over a new product for drivers that is being promoted on a billboard, on CBS News, MSNBC and all over the internet. The Breathalyzer Equalizer is designed to promote accuracy in Breathalyzer readings, according to the retired state policeman who developed the product. Opponents say that the product is dangerous, and their concern is that it will become more regularly used by drunk drivers.  The issue being that people will have false confidence that they can drive while impaired and get away with it, which could put more lives in jeopardy.

In Ohio, as in every state, it is illegal for a person to drive with a blood-alcohol level of .08 or higher. When stopped, you have the right to refuse the Breathalyzer. Some people are refusing the Breathalyzer tests because there have been many false-positive readings.  Even a few sips can give a false reading.  The Breathalyzer Equalizer soaks up the alcohol in the mouth immediately, allowing for more accurate test results. The creators say it will NOT get a drunk driver out of a DUI, it will assist people who are acting in a socially responsible manner, but might fail a field sobriety test and face thousands of dollars in legal fees and court costs, to protect drivers from their lives and careers being ruined over incriminating charges when they are not guilty.

The claim that the product reduces mouth alcohol is a great claim, but not that big of a deal, for me.  Although I am quite certain that mouth alcohol does affect some breath test results, the tests are designed to minimize, even eliminate, mouth alcohol.  The mouth alcohol isn’t what the Breathlyzer tries to measure – it measures the alcohol in your blood by your deep breath air converted into a blood alcohol reading result. Alcohol in your mouth isn’t alcohol in your system.  So, the product may do exactly what it’s supposed to do and if someone wants to manipulate the breath test: it’s not going to work.

Bottom line: I always advise people to refuse the breath test.  I do not think the test results are accurate and reliable. But, if you are going to take it, and there is a product out there that will help you, I say, try it.  It remains to be seen whether the new product will become popular or whether drunk driving groups that are upset over the new product will have enough influence for it to be taken off the market. Sentiment is strong on both sides, and only time will tell whether the Breathalyzer Equalizer will become the useful tool that it is intended to be for drivers.  If you or a loved one has gotten into some legal difficulty as a result of a DUI, I can help.  Please do not hesitate to give me a call at my office or on my mobile phone: 513-260-2099