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References

1. www.snopes2.com/. There is no scientific reason to believe that sucking on copper would have any effect on the results of alcohol breath tester BAC results and no evidence has been published in any scientific publication indicating that it does.

2. Moscowitz, H., Burns, M. & Ferguson, S. Police officers’ detection of breath odors from alcohol ingestion, Accident Analysis and Prevention, 1999 (May), 31(3), 175 180.

3. Lindiger, W., Taucher, J., Jordan, A., and Vogel, W. Endogenous production of methanol after the consumption of fruit. Alcoholism: Clinical and Experimental Research, 1997, 21, 939-943; Phillips, M., Greenberg, J., and Martinez V., Ostrovsky, Y. M. Endogenous ethanol -- its metabolic, behavioral and biomedical significance. Alcohol, 1986, 3, 239-247; Mullholland and Townsend, Bladder Beer - A New Clinical Observation, 95 Transactions of the American Clinical Climatological Association, 1983, 95, 34; Jones et al., Determination of endogenous ethanol in blood and breath by gas chromatography, Pharmacology, Biochemistry and Behavior, 1983, 18, 267.

4. Brick. Diabetes, breath acetone and Breathalyzer accuracy: a case study, Alcohol, Drugs and Driving 1993, 9(1). See Taylor, Lawrence. Diabetes and the Counterfeit DUI (http://www.duiblog.com/2004/10/18).

5. Cole, S. & Nowaczyk, R.H. Field sobriety tests: are they designed for failure?, Journal of Perceptual and Motor Skills, 1994, 79, 99-103.

6. Taylor, Lawrence. Close Enough for Government Work. (http://www.duiblog.com/2004/11/30)

7. Taylor, Lawrence. DUI and the Disappearing Right to a Jury Trial (http://www.duiblog.com/2004/10/31#a25)

8. Hlastula, M. Physiological errors associated with alcohol breath tests. The Champion, 1985, 9(6).

9. Taylor, Lawrence. How to Fool the Breathalyzer. (http://www.duiblog.com/2004/11/27)

10. Jauhonen, P., et al. Origin of breath acetaldehyde during ethanol oxidation: Effect of long-term cigarette smoking. Journal of Laboratory Clinical Medicine, 1982, 100(6), 908-916.

Readings and References

American Civil Liberties Union (ACLU). NJ’s Highest Court Places Limits on Use of Force in Taking Blood Samples from DWI Suspects. ACLU press release, 7-26-01.

Associated Press. Designated Driver Campaigns Working. Houston Chronicle, 11-30-97, p. A14.

Evans, Tim. Court: Tongue stud skews alcohol test. Indianapolis Star, 4-3-04

Hallinan, Joseph T. In fight to stop drunk driving, police draw blood. Authorities often must force suspects to give samples; a dilemma for doctors. Mr. Jones dies in custody. Wall Street Journal, 3-23-04.

Hlastula, M. Physiological errors associated with alcohol breath tests. The Champion, 1985, 9(6).

Joseph, J. Are Breath Tests Accurate: Defense Lawyers Often Challenge Their Use as Evidence, and Win. ABCNEWS.com. Can be found at www.howstuffworks.com/breathalyzer.html

Nelson, Bruce, and Ames, Tera. Forced blood draws in DUI cases. Communique, 2003, 24(2).

Pariser, J. L. In vino Veritas: the truth about blood alcohol presumption in state drunk driving laws. New York Law Review, 1989, 64(1), 141-181.

Peach, R. J. Who tests the DUI test? Defense can't; New Jersey won't let lawyers inspect new breath tests. The National Law Journal, 2000, 23(6), A4.

Phillips, Robert C. DUI: Nelson vs. City of Irvine. San Diego County Legal Update Bulletin, 1998, 6, 5-12. “Taking blood from a DUI arrestee who has requested a breath or urine test is unlawful, even if not forced, justifying a federal civil rights suit for common law assault and battery.”

Rosenblum. E. Breathlayzer machines are faulted once more. New Jersey Law Journal, 1988, 122(23), 5.

Sargeant, G. Breathalyzer accuracy challenged. Trial, 1989, 25(12), 22.
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Taylor, L. Drunk Driving Defense. New York: Aspen Law and Business, 5th edition, 2000. [This is the best single source of information on Breathalyzer accuracy and inaccuracy.]

Taylor, L. Nonspecific Analysis. From Taylor, L. Drunk Driving Defense. New York: Aspen Law and Business, 5th edition, 2000. Can be found at www.california-drunkdriving.org/procedures

Welsh-Higgins, A. Supreme court: drunken driving blood tests must use anticoagulant. Associated Press, 10-22-03.

Ziemer, David. Both breath, blood tests cannot be taken. Wisconsin Law Journal, 10-8-03.

Zimmerman, N. Breathalyzers do have a host of problems. The National Law Journal, 1984, 6, 12

 

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