Category: Breathalyzer / Breath-Tester Accuracy

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, p. B2.
  • Forcon Forensic Consultation. Approved Breath-Test Instruments: Accuracy and Precision Consideration.
  • 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.
  • Joseph, J. Are Breath Tests Accurate: Defense Lawyers Often Challenge Their Use as Evidence, And Win. Can be found at
  • 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, 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.
  • Peras, A. Miranda rule in DUI law sparks debate. The Greenville News, 8-15-03
  • 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, 6-7-03
  • 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
  • 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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