Insight

Caffeine Overload and DUI Tests

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Man with hand on the steering wheel drinks and holds red cup of coffee with a black lid
DT

Daniel Taylor

February 18, 2022 12:00 PM

This article was original published on 4/12/17 and was updated on 2/18/22.

Allow me to set the scene: you’ve enjoyed a wonderful meal with friends where you consumed two mixed alcoholic drinks. You feel fine to drive, but just to be sure you stay alert, you down a large energy drink before climbing in your car. A short time later, you notice the telltale flashing blue/red lights in your rearview mirror. You pull over, confident that you are not at risk of a DUI.

But are you at risk? This depends on any number of factors, including what kind of alcohol the drinks contained and how much; how much you weigh; how much you ate; if you were tired before the meal; if you had taken any medication that day; etc. The physiological effects of alcohol depend on many different factors, but is caffeine one of them? You drank an energy drink five minutes ago—could caffeine come into play as you sit and wait for the officer to approach?

Most of today’s energy drinks contain small levels of ethanol, which can register on a breathalyzer within 15 minutes of consumption."

Caffeine is a naturally occurring chemical stimulant that affects the central nervous system. It actually shares characteristics with cocaine, amphetamines, and heroin. Most people think of caffeine as something that can keep them awake or alert. Think back to a time when you needed to stay awake, maybe to pull an all-nighter at school or to get through a graveyard shift. In order to get the caffeine into your system, you’d down the coffee or soda in large quantities, thinking that would get the job done. And it may have worked, though some of your friends might have thought you were actually on drugs as they watched you in the throes of a caffeine-induced mania.

So, caffeine can give us that recognizable sudden boost of energy, which could keep us alert on the road. But could it also have a downside?

Breathalyzer Tests

While there is no evidence or studies showing that caffeine directly impairs a person’s ability to drive, there are things that you should watch out for when combining caffeine and driving. First, consuming energy drinks before driving could result in a false positive on a breathalyzer test. Most of today’s energy drinks contain small levels of ethanol, which can register on a breathalyzer within 15 minutes of consumption. This could be enough to result in an arrest. So if you are someone who uses the caffeine in energy drinks to stay alert while driving, you should be aware of this risk. While it’s not the caffeine itself that causes the false positive, the use of energy drinks for its high levels of caffeine (often the equivalent of two to three cups of coffee in one drink) could come back to haunt you.

Masking Symptoms of Intoxication

When we have high levels of caffeine in our body, our dopamine output is increased, which can lead to a person taking unusual risks. Part of the problem is that the caffeine can mask feelings of intoxication. In other words, if you are legally drunk (would meet the .08 BAC most states use as the threshold), having a stimulant like caffeine coursing through your veins might convince you otherwise. You may think you are more in control, more alert, more responsive, and that might convince you to get behind the wheel. Caffeine can provide a false sense of security, which could lead to disastrous results.

Being Mistaken for Symptoms of Intoxication

In high doses, caffeine can often cause symptoms similar to those seen in someone who has ingested drugs or alcohol. These include:

  • Dizziness
  • Blurred vision
  • Anxiety
  • Restlessness or nervousness
  • Increased heartbeat

If a person is experiencing these kinds of symptoms, it could impair their driving to the point where a police officer might deem it erratic and be justified in pulling them over. And while the person might not fail a breathalyzer test, there is an increased risk of failing one of the standard field sobriety tests that are typically administered by law enforcement.

The three most common field sobriety tests are the:

  1. Horizontal Gaze Nystagmus (HGN): looks at certain eye movements and how rapid and exaggerated they appear.
  2. Walk and Turn
  3. One Leg Stand

Someone who has ingested large quantities of caffeine, resulting in alcohol-like symptoms, could be pulled over and asked to complete this series of tests. The person runs the risk of failing these tests because of the physiological effects of the caffeine. If the person is dizzy, they may fail the Walk and Turn or One Leg Stand. Caffeine can also cause the eyes to move more rapidly than usual, which could cause a failed HGN test.

While the person might not fail a breathalyzer test, there is an increased risk of failing one of the standard field sobriety tests that are typically administered by law enforcement."

The bottom line is that someone who has ingested a large dose of caffeine could exhibit symptoms that lead to erratic driving, giving law enforcement reasonable cause to pull them over and could potentially result in them failing any one or all of the field sobriety tests.

What to Do if Pulled Over

If you feel you must consume an energy drink, multiple cups of coffee/soda, or anything else with caffeine before driving, here are a few tips to keep in mind:

  1. If you’ve consumed an energy drink, wait at least 15 minutes before driving. This will reduce the risk of a false positive on a breathalyzer.
  2. If you are driving erratically due to caffeine-induced symptoms and are pulled over, do not consent to any field sobriety test. These tests are completely voluntary in California and many other states (check to see if your state is included), and you cannot be forced to submit to them. The tests are highly unreliable, and submitting to the tests could result in failure due to physiological symptoms unrelated to alcohol or drugs (e.g., caffeine, age, weight, athletic ability, etc.).

For most people, caffeine use is not going to result in a DUI. However, there are some situations in which the ingestion of caffeine before driving could put you at an increased risk of being pulled over and possibly failing a sobriety test, so caffeinate carefully!

The Law Office of Andrew J. Decker handles serious crimes, including drugs, weapons, DUI, DWI and traffic tickets.

Daniel Taylor is an entrepreneur, marketer, and writer. He swims, cycles, and runs a lot. When he’s not doing all those, he loves to read and try new things.

Article Tags:

Driving Under The Influence

For Clients

Headline Image: iStock/Tippapatt

Related Articles

What Disqualifies You From Filing Bankruptcies


by Bryan Driscoll

A guide to navigating eligibility, the means test and the legal hurdles of declaring bankruptcy.

A silhouette of a large hand pushing over a row of falling dominos toward a small figure standing be

How to Create a Will: Steps and Common Mistakes


by Best Lawyers

Learn how to create a will, the legal requirements and the mistakes to avoid when planning your estate.

Older couple reviewing document with young woman

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

What Is an Uncontested Divorce?


by Bryan Driscoll

A clear, cooperative path to divorce if both spouses agree on the terms

Resigned couple going through divorce

How to Find a Good Divorce Lawyer


by Jamilla Tabbara

A step-by-step guide to choosing the right divorce attorney

Bride and groom figurines on top of a wedding cake

First-Time Homebuyer Guide: Steps to Buy Your First Home


by MB Property Law

Everything first-time homebuyers need to know about the steps involved in finding and purchasing their very first home.

Multiple houses all in a row with one house lit by a spotlight

When to Hire a Tax Attorney


by Bryan Driscoll

Understand the legal triggers, professional differences and strategic benefits of seeking legal counsel for your tax matters.

Flying tax documents symbolizing the stress and urgency of mortgage and foreclosure-related paperwor

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

Do I Need a Lawyer for a Car Accident?


by Bryan Driscoll

Deciding whether to hire an attorney after a crash depends on injuries, insurance disputes and financial risk.

Shattered windshield and damaged interior of a car after a collision

When to Get a Lawyer for Work Injury


by Bryan Driscoll

Understanding your rights and navigating the complexity of workers’ compensation claims.

Injured worker receiving medical attention at workplace

How to Choose a Personal Injury Lawyer


by Bryan Driscoll

Finding the right legal representation after an injury is a critical decision that requires careful evaluation. 

3D scene representing the deliberative process of choosing a personal injury attorney

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

What Is the Difference Between a Will and a Living Trust?


by Bryan Driscoll

A practical guide to wills, living trusts and how to choose the right plan for your estate.

Organized folders labeled “Wills” and “Trusts” representing estate planning documents

Do You Need a Real Estate Attorney to Refinance?


by Bryan Driscoll

When and why to hire a real estate attorney for refinancing.

A couple sitting with a real estate attorney reviewing documents for refinancing their mortgage

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

Florida Rewrites the Rules on Housing


by Laurie Villanueva

Whether locals like it or not.

Florida Rewrites the Rules on Housing headline

What Is the Difference Between a Will and a Living Trust?


by Bryan Driscoll

A practical guide to wills, living trusts and how to choose the right plan for your estate.

Organized folders labeled “Wills” and “Trusts” representing estate planning documents

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Uber’s Staged Accidents Lawsuit a Signal Flare for Future of Fraud Litigation


by Bryan Driscoll

Civil RICO is no longer niche, and corporate defendants are no longer content to play defense.

Uber staged car crash headline

Anthropic Class Action a Warning Shot for AI Industry


by Bryan Driscoll

The signal is clear: Courts, not Congress, are writing the first rules of AI.

authors vs anthropic ai lawsuit headline

How to Get Full Custody of a Child


by Bryan Driscoll

Learn the legal steps, required evidence and common misconceptions about full custody to protect your parental rights.

Child holding hands with two parents, symbolizing custody

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne