Category: Breathalyzer / Breath-Tester Accuracy
Brief Reports on Related Breath Tester and DWI/DUI Issues
Readings on Breath Tester Accuracy
- 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.
- Nelson, Bruce, and Ames, Tera. Forced blood draws in DUI cases.
Communique, 2003, 24(2).
- Bumper stickers to deter DUIs. The Washington Times, 9-24-03.
- Butterworth, F. Many Undetected, Use Drugs and Then Drive, Report
Says. New York Times, November 15, 2002, A20.
- Craig Medical Company. Electronic Alcohol Breath Analyzer (Breathalyzer),
- Drivers Can Test Alcohol in Blood. The Washington Times,
August 29, 2002, page A3.
- Driving drunk can cost $20,000. Washington Times, 1-1-04,
- Forcon Forensic Consultation. Approved Breath-Test Instruments:
Accuracy and Precision Consideration. www.forcon.ca/learning/approved_inst.html.
- 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
- 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.
- Levitt, S., and Porter, J. How dangerous are drinking drivers?
Journal of Political Economy, 2001, 109(6), 1198-1237.
- Mosier, Jeff. Fighting MADD over the DWI “lie.” Dallas
Morning News, 4-22-04
- Neff, Elizabeth. Appeals court sides with driver on alcohol test.
Salt Lake Tribune, 6-11-04.
- New law supersedes Supreme Court ruling on breath tests. Seattle
Post Intelligencer, July 1, 2004.
- O’Hagen, Maureen. State broke breath-test rules. Seattle
Times, July 2, 2004.
- Pariser, J. L. In vino Veritas: the truth about blood alcohol presumption
in state drunk driving laws. New York Law Review, 1989,
- 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.
- Peras, A. Miranda rule in DUI law sparks debate. The Greenville
- 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.”
- Rawls, Eben. The Intoxilyzer isn’t perfect: Judges in DWI
trials must stand for justice despite pressure from public. Charlotte
Observer, August 20, 2004.
- Rodriguez, I. DWI cases handcuffed, San antonio Express-News,
- 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.
- 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
- 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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