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Wyatt Hardy, PLC

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Criminal, Family and Probate Law

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Should you suck on a penny during a DWI stop?

On Behalf of | Jan 6, 2023 | DWI Defense

Few things can interrupt an otherwise fun night with friends faster than a roadside stop. This is especially true if you have consumed alcohol, as Arkansas has some serious penalties for those who drive while impaired.

As you may know, officers cannot arrest you without having probable cause to do so. In the DWI context, probable cause usually comes from a failed breath test. If you think sucking on a penny can trick the breath test, though, you should think again.

Implied consent

Like other states, Arkansas has an implied consent law. This means you have already agreed to DWI breath testing simply by driving in the state. According to the Arkansas Department of Finance and Administration, you are like to face stiff and immediate consequences for refusing to take a breath test. You should not try to fool one either.

Outdated information

When DWI breath testing was in its early stages, the metal compounds in pennies might have caused the test to produce inaccurate results. That is no longer the case, however. Simply put, breath test technology has advanced considerably, making it futile to suck on a penny or any other coin.

Additional suspicion

Just as sucking on a penny is not likely to affect a DWI breath test, doing so might cause officers to be even more suspicious of you. After all, most patrol officers have undoubtedly heard of the penny myth during their careers.

Ultimately, rather than trying not to choke on a penny when attempting to beat a DWI breath test, you are much better off asserting all your legal rights during a roadside stop.