Category: Alcohol Testing

Alcohol Tests (Hair, Saliva, Sweat): What You Need to Know

Alcohol tests of the breath (“breathalyzers”) to estimate blood alcohol concentration or BAC are well-known. Many people also know that blood itself can be tested to determine its BAC. But there are other alcohol tests that can be used to estimate the consumption of alcohol. They include hair, saliva and sweat tests. Hair Alcohol Tests […]

Unreliable Breathalyzer Tests: Innocent Drivers Harmed

Unreliable breathalyzer tests unjustly harm innocent drivers. Strict enforcement of DWI and DUI laws is essential. It increases public safety and reduce needless injuries and deaths. But it’s also important to prevent innocent drivers from being unjustly convicted by unreliable breathalyzer tests. Learn how unreliable breathalyzer tests can provide falsely high blood alcohol concentration (BAC) […]

How Long Can Urine Alcohol Tests Detect Drinking?

Urine alcohol tests are widely used. How long after the drinking can the tests detect it? Depends. There are two kinds of urine alcohol tests. The first identifies the presence of ethanol (beverage alcohol) in urine. After alcohol is consumed, some is broken down in the body. Some leaves through the breath, perspiration, feces, and […]

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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), www.craigmedical.com/Breathalyzer_FAQ.htm
  • 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. 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 Journal, 3-23-04.
  • 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, 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 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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