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Breathalyzer Accuracy Expert DUI defense from the pioneers who set the standard

DUI Breathalyzer Accuracy

In many DUI cases, breath analysis is used as a method to test for blood alcohol concentrations. Scientists have conducted studies regarding breath alcohol analysis, and most have agreed with Dr. Michael Hiastala, Professor of Physiology, Biophysics, and Medicine at the University of Washington, in concluding that breathalyzer accuracy is inherently unreliable:

“Breath testing, as currently used, is a very inaccurate method for measuring BAC. Even if the breath testing instrument works perfectly, physiological variables prevent reasonable accuracy.  Breath testing for alcohol using a single test method should not be used for scientific, medical or legal purposes where accuracy is important.” [Hiastala, Physiological Errors Associated with Alcohol Breath Testing, 9(6) The Champion 19 (1985).]

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Understanding and Challenging DUI Evidence Take control of your defense today
DUI cases often hinge on the details of the evidence—blood tests, breath tests, field sobriety exams, and more. Our firm provides expert guidance at every stage, helping you understand and challenge the evidence used against you. As the first law firm in California to specialize exclusively in DUI defense, our team of four criminal defense attorneys—including two former prosecutors—brings unmatched experience and precision to protect your rights and your future.
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  • Dismissed Original Charge - Driving without a valid license

    Long Beach - Facing jailtime and fines

    7/25/24

  • Reduced to Dry Reckless (fine) Original charge - Drunk Driving (.20%)

    San Bernadino - 6 months jail, fine, license suspension.

  • Reduced to Dismissed Original charges – Drunk Driving

    Long Beach- Facing jail time, fines and license suspension

    5/16/25

  • Dismissed Original charge - Drunk Driving w/ Drugs

    Glendale - Facing 6 months jail, fine, license suspension.

  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving

    Alhambra - 6 months jail, fine, license suspension.

  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving (.15%)

    Riverside - 6 months jail, fine, license suspension.

  • Reduced to Wet Reckless Original Charge - Drunk Driving

    Joshua Tree - Facing Jail time, fines and license suspension

    4/16/25

  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving

    San Fernando Valley - 6 months jail, fine, license suspension.

  • Reduced to Dismissed Original Charge - Drunk Driving

    San Clemente - Facing Jail time, fines and license suspension

    5/15/25

  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving

    San Fernando Valley - 6 months jail, fine, license suspension.

  • Evidence Suppressed, Charges Dismissed Original charge - Drunk Driving (.20%)

    Riverside - 6 months jail, fine, license suspension.

  • Reduced to Dismissed Original charges – Driving under the influence (DUI) with a BAC of 0.08% or more

    Bellflower - Facing jail time, fine, license suspension

    6/13/25

Safeguards for Breath Testing

It is estimated that courts have reserved DUI convictions because a breathalyzer's accuracy is unreliable. There are four “safeguards” for breath testing, according to Dr. Kurt Dubowski, a longtime advocate of strict procedures for reducing the many sources of error in DUI breath testing. [K. Dubowski, The Technology of Breath-Alcohol Analysis (NIAAA 1991)]:

  • A pre-test deprivation-observation period of at least 15 minutes
  • Blank tests immediately preceding each breath specimen collection step
  • Analysis of at least two separate consecutive breath specimens, taken two to ten minutes apart (different results from duplicate analysis may indicate such problems as radio frequency interference)
  • An appropriate control test accompanying every subject test

The National Safety Council Committee on Alcohol and Drugs has recommended at least two separate breath samples should be collected and analyzed individually. Tests should be collected at intervals of more than two minutes and less than ten minutes. All results should be obtained and reported.

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    “Chris not only got me down to a Wet Reckless but was able to significantly reduce the penalties I would face.”
    “Im am so glad that I read the reviews of Taylor and Taylor after my first "incident" and immediately contacted them. Chris was great at calming my nerves as this was my 1st offense and at a .06 it was right on the line on a trial or pleading it o”
    Suzi J.
    “Won DMV hearing and got my case expunged for a minor issue.”
    “Truly great team of lawyers. Handled everything the very best they could. Can definitely rely on them.”
    Nick T.
    “Christopher always made me aware of what was going on with my hearings, and got me the best outcome possible.”
    “When you need to get a lawyer, you aren't usually in a great situation. I wasn't at least. Christopher and his team never made me feel ashamed, they just help me get through a situation where stuff happens.”
    Jessica S.
    “I would recommend this firm with no qualms!”
    “I received counsel in a sensitive legal matter from Lawrence Taylor Sr., and his advice was spot on. I did some research and I also know that the senior Mr. Taylor is in the top echelon in his field. He has written text books on DUI and he has taught the t”
    Jerry S.

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