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This article describes Minnesota law. The rules can differ in other states.
Do not rely on tricks to “beat” a breathalyzer. Fresh breath or feeling alert does not establish that you can safely drive. If a Minnesota breath test is disputed, the useful questions concern the test type, testing procedure and records, rather than internet shortcuts.
How Minnesota breath testing works
Breath instruments measure alcohol in a breath sample. A roadside preliminary breath test (PBT) has a different legal role from evidentiary testing. Minnesota Statutes section 169A.41 governs preliminary screening and its uses; section 169A.51 addresses chemical testing under implied consent. Do not assume the same rules apply to every request.
1. Pennies or batteries are a testing solution
Do not put coins, batteries or other objects in your mouth to attempt to change a test. These internet suggestions are not a sound basis for decisions about driving or a DWI investigation.
2. Mouthwash removes the alcohol being measured
Alcohol-containing products can introduce alcohol into the mouth. That is different from removing alcohol from the body. The Minnesota BCA’s DMT operator manual describes an observation period of at least 15 minutes to address mouth alcohol before testing.
3. Mints and gum make the procedure irrelevant
Freshening breath does not establish sobriety. The BCA manual requires the mouth to be free of foreign matter, including gum and candy, during the observation period and test. If something was in your mouth, tell your attorney exactly what it was and when.
4. Changing your breathing is a reliable shortcut
Do not attempt to manipulate a breath sample. The BCA manual identifies irregular blowing patterns as one possible cause of an invalid result. A record of an invalid test needs factual review; it does not, by itself, explain what happened or resolve the case.
5. Coffee or a cold shower makes you sober
Feeling more awake is not the same as becoming sober. NIAAA’s alcohol-myths guidance explains that coffee and cold showers do not speed the body’s processing of alcohol. Arrange a sober ride instead of relying on how alert you feel.
6. Water or food is a green light to drive
Do not treat a glass of water, a meal or a snack as proof that it is safe to drive after drinking. Plan transportation before drinking and avoid using a self-created waiting-time formula as a guarantee.
7. A personal device settles whether driving is legal
A consumer device is not a legal clearance to drive. Minnesota’s DWI statute includes driving under the influence as well as an alcohol-concentration offense. A number alone does not resolve every possible basis for a charge. See section 169A.20 and our overview of Minnesota DWI consequences.
8. Every breath-test result is beyond question
Neither blanket confidence nor blanket suspicion replaces reviewing the actual evidence. Ask counsel to examine the test report, observation timeline, instrument records and available recordings. Explain any difficulty providing a sample and anything you remember being said during testing. A lawyer can assess whether those facts support a specific challenge.
9. A possible testing issue guarantees dismissal
A concern about a procedure is an issue to investigate, not a promised outcome. The significance depends on the record and applicable law. Other evidence may also matter. Our guide to Minnesota criminal dismissal issues explains why a possible defense and an actual dismissal are different.
Frequently asked questions
Is a roadside test the same as an evidentiary breath test?
No. Minnesota has separate statutory provisions for preliminary screening and implied-consent testing. Identify which test was requested before drawing conclusions about rights, consequences or use of the result.
Can I speak with an attorney before an implied-consent breath test?
Section 169A.51’s breath-test advisory includes a right to consult an attorney, limited to the extent that consultation cannot unreasonably delay the test. Refusal can have serious consequences; do not substitute a general internet rule for advice about the actual request.
What should I bring to a DWI consultation?
Bring the citation or complaint, license paperwork, test report if available, and a written timeline of the stop and testing. Note any upcoming hearing dates. Ask about both the criminal case and any separate license matter.
Get help reviewing a Minnesota DWI test
For questions about a stop in Minneapolis, St. Paul or a surrounding Minnesota county, contact Martine Law to discuss next steps. An attorney can evaluate the evidence and applicable deadlines. No testing issue guarantees a particular result.
