Jersey Shore Personal Injury and Employment Specialists

Sucking on a penny and 3 things to avoid during a traffic stop

On Behalf of | Jun 12, 2024 | DWI |

During a traffic stop, you may be asked to take a breath test. A breath test is a small machine that evaluates your blood alcohol content (BAC), which is the amount of alcohol in your body. There is an old myth that made people believe that they can pass breath tests if they suck on a penny. There has never been any proof that this has worked. 

Sucking on a penny will not help you pass a breath test, an there are a few other things that you should consider avoiding during a traffic stop. Here is what you should know:

1. Don’t answer any questions

Under the Fifth Amendment, you can refuse to answer any questions the police may ask you. They do this to collect evidence. However, saying anything could lead to self-incrimination. You can exercise your right by telling the police that you plead the Fifth. 

2. Don’t give the police permission to search your vehicle

The police may ask to search your vehicle to see if they can find any evidence. You can refuse an unreasonable search under the Fourth Amendment. The police can only search your vehicle if you give them permission, if they have a warrant, if they made a lawful arrest or if they have probable cause. Any evidence collected from an unreasonable search can be excluded from a criminal trial. 

3. Don’t forget about implied consent laws

In some situations, you can refuse to take a breath test without facing consequences during a traffic stop. However, you must also follow implied consent laws. Implied consent laws state that a breath test can not be refused after a lawful arrest or you could face fines and incarceration.

If you are arrested during a traffic stop, you should learn about your legal defense options.