No, you cannot reliably beat a breathalyzer, and Nabeel Kibria, a DC DUI lawyer and partner at Monument Legal, says pennies, mints and gum do not change that. The only dependable way to “beat” a breath test is to have no alcohol in your body when you drive.
In the video above, Nabeel Kibria explains that he has heard every trick over his years of practice and training. Here is why the myths fail and how breath testing actually works under District of Columbia law.
Quick answer: No trick reliably beats a breathalyzer. In Washington, DC, the roadside preliminary breath test is voluntary under D.C. Code § 50-1904.01, and its result cannot be used as trial evidence. After a DUI arrest, D.C. Code § 50-1904.02 treats drivers as consenting to chemical testing, and refusing carries a 12-month license revocation under § 50-1905.
A DC DUI lawyer will tell you the same thing Nabeel Kibria says in the video: there is no concrete way to beat a breathalyzer. Sucking on a penny, chewing gum or eating a mint does not remove alcohol from your body.
The myths Nabeel Kibria hears most often include:
Masking the smell of alcohol is not the same as lowering your blood alcohol concentration (BAC), which is the amount of alcohol in your blood or breath. In DC, a driver is legally “intoxicated” at a BAC of 0.08 under D.C. Code § 50-2206.01.
The DUI rules that apply in Washington, DC come from the D.C. Code, not from a federal agency. The core offense is in D.C. Code § 50-2206.11, which bars anyone from operating or being in physical control of a vehicle while intoxicated or under the influence.
The National Highway Traffic Safety Administration (NHTSA) plays a different role. NHTSA trains officers in Standardized Field Sobriety Testing (SFST), and it maintains the federal Conforming Products List for evidential breath alcohol devices through the Volpe Center. Officers are taught to follow NHTSA training, so departures from it can matter in court.
Yes. A roadside preliminary breath test (PBT) in DC is voluntary, and the officer must tell you so. A PBT is the handheld device an officer may offer before any arrest.
Under D.C. Code § 50-1904.01, PBT results are not used as evidence in the DUI prosecution itself. The officer can use the result only to decide whether to arrest, and it can bear on whether the arrest was valid.
Roadside preliminary breath test (PBT)
Evidential test after arrest
Refusing the evidential test after a DUI arrest in DC leads to a 12-month revocation of your driving privileges under D.C. Code § 50-1905, and the refusal can be used as evidence against you. The statute also addresses enrollment in the DC DMV Ignition Interlock Program.
The reason refusal has consequences is “implied consent.” Implied consent means that by driving in the District, you are treated as having agreed to chemical testing if an officer arrests you on reasonable grounds for DUI. D.C. Code § 50-1904.02 allows police to request two specimens of blood, breath or urine.
Refusing is not automatically the wrong choice. In some cases, refusal can be a strategic decision, but it carries real legal costs that depend on the specific facts.
Yes. DC law does not require a 0.08 reading for a charge. Under D.C. Code § 50-2206.01, “under the influence” and “impaired” are defined by how alcohol or drugs affect your ability to drive, not only by a number.
Breath results also affect sentencing. Under D.C. Code § 50-2206.13, a first DUI carries up to $1,000 and up to 180 days, with mandatory minimum jail of 10 days at 0.20 or higher, 15 days above 0.25 and 20 days above 0.30.
A Washington DC DUI attorney focuses on the evidence and the procedure, because that is where real defenses come from. Typical questions include:
DUI cases in the District are heard in the Criminal Division of the Superior Court of the District of Columbia at 500 Indiana Avenue NW. Every case turns on its own facts, so no review guarantees a particular result.
“There is really no concrete way to beat a breathalyzer. The best way to beat a breathalyzer is to not have alcohol in your body.”
If you took or refused a breath test in Washington, DC, the details of your stop matter more than any myth. Every case depends on its own facts, and a short conversation can clarify where yours stands.
Does NHTSA write the DUI laws in Washington DC?
No, NHTSA does not write DC’s DUI laws. The District’s DUI offenses, penalties and testing rules are set out in the D.C. Code, mainly in Title 50. NHTSA is a federal agency within the U.S. Department of Transportation. Its DUI work includes developing the training curriculum officers use for Standardized Field Sobriety Testing and maintaining a list of evidential breath testing devices that meet federal model specifications.
What BAC is illegal for drivers under 21 in DC?
For drivers under 21 in DC, any measurable amount of alcohol counts as intoxicated under D.C. Code § 50-2206.01. That zero tolerance standard is far stricter than the 0.08 threshold for adult drivers. A young driver who had a single drink can face a charge even if they feel completely normal. Commercial drivers face their own lower threshold of 0.04 while operating a commercial vehicle. These lower limits mean a breath test result that would not concern an adult driver may still be enough to support a charge for someone in these categories.
Where are DUI cases heard in Washington DC?
DUI cases in Washington, DC are heard in the Criminal Division of the Superior Court of the District of Columbia, located at 500 Indiana Avenue NW. The Criminal Division handles criminal traffic offenses, which include DUI and OWI charges. Your paperwork after an arrest will list your court date and courtroom. Missing a scheduled date can create serious problems, so check your documents carefully and keep copies of anything the police or court gives you.
Can a breath test result increase the jail time for a DC DUI?
Yes, a high breath or blood alcohol result can trigger mandatory jail time in DC. D.C. Code § 50-2206.13 sets a maximum of 180 days and a $1,000 fine for a first DUI. On top of that, the statute requires mandatory minimum jail of 10 days for a BAC of 0.20 or more, 15 days for a BAC above 0.25 and 20 days for a BAC above 0.30. Because the number can change the sentencing range, how the test was given and recorded deserves close review.
Nabeel Kibria is a partner at Monument Legal, licensed to practice law in the District of Columbia. This video is for general information only and is not legal advice. Every case is different, and nothing in this video should be treated as guidance for your specific situation. For advice about your case, consult an attorney directly.