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Breathalyzer Accuracy

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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    Jeanne Normandeau is a great lawyer. She knows how the Riverside court judges work. She will fight for you and will get you the best results after fighting with the judge and DA. She is honest and smart. Never had any problems, answers all questions and is always easy to contact. If you have the money, I recommend Jeanne. The public defender and judge will offer you the worst deal you can get.

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    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 sh*t happens. Christopher always made me aware of what was going on with my hearings, and got me the best outcome possible. He made things easy to understand, helped with the paperwork, and I while I *hope* to not have to seek his services again, I would highly recommend him and his team for anyone needing a lawyer!

    Jessica S.
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    This is a top level law firm. The Bible of DUI's comes from this firm! These are the guys other attorneys call when they are stuck on a legal issue or need some guidance. There is no other firm or DUI attorney that has the kind of experience these folks do. I have practiced for a long time, and can tell you that when these guys walk into court the clients will fair 1000% better! Most attorneys do not have trial experience, and if your case must go that direction it's scary to see non experienced dui attorneys walking in with no experience.  NOT these guys. Chris Taylor is one of the best trial attorneys I have ever seen; and a force to be reckoned with.  The folks I have recommended have had nothing short of positive experiences. A DUI is nothing short of stressful, and can have such an impact on a persons life between restricted or no driving privileges, classes, the cost, and the general stress of it all. This law firm handles all of these issues with such ease, and most important you know you are the most well represented client in any court or DMV hearing

    Tania C.
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    These are the best lawyers in LA/OC when it comes to DUI cases. They will fight strategically to help you win your case. My Attoney Chris Taylor was impeccable in many aspects; one he interrogated the officer causing him to fumble with his initial statement; two he is well respected within the courtroom; three he keeps you well informed with everything he is doing and what you may need to do. I can't be more pleased with the outcome of his performance. Thank you God for Taylor and Taylor!

    Kendall L.
    "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 out.  Chris not only got me down to a Wet Reckless but was able to significantly reduce the penalties I would face.  His whole office staff was also very helpful and he returned my calls when I had questions if not the same day, the next. I plan on having my record expunged and will be going back to him for that.  He attended all DMV and court hearings on my behalf which took A LOT of stress off me.  I strongly recommend him.

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    I have come across many attorneys in my life and I have never been treated as well as I have here. Every phone call was returned in a timely and courteous manner. The first consultation was very professional, and my attorney Chris patiently answered every question I had. In situations like this, responsiveness is key and this firm never left me feeling uninformed. I was very satisfied with the outcome of my case and would definitely recommend this firm to anyone in need of a DUI defense attorney.

    Anthony D.
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    I cannot express enough gratitude towards Taylor and Taylor's Attorney, Jeanne Normandeau. I hired Mrs. Normandeau for a VERY messy DUI case. Not only did she approach it with the utmost professionalism, but also displayed a level of empathy that is unmatched in this profession.

    Mrs. Normandeau is by far the hardest-working and most diligent attorney I have ever met. She could be reached if I ever needed to get ahold of her, whether it be email, call, or text. Not only was she available but was willing to talk about any questions I had or work through any legal issues. Mrs. Normandeau's unrelenting work, extensive preparation, and tireless advocacy were instrumental in successfully dismissing my case.

    Bruce R.
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    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 topic in law school.  I would recommend this firm with no qualms!

    Jerry S.
    "Thankfully Mr. Taylor was able to help fight my case without me ever having to go to court"

    You should never drink and drive anywhere, but especially don't do it in la Jolla! Cops down here have nothing better to do then make your life miserable. It is also a college town which adds assault to injury. I should take my own advice because I was recently arrested for a DUI down in La Jolla. A friend of mine referred me to Mr. Taylor's office and I am extremely glad I got into contact with them. I hardly blew over the legal limit and did perfectly fine on the sobriety tests but still was arrested. Thankfully Mr. Taylor was able to help fight my case without me ever having to go to court and I was able to have the charges dropped. Extremely professional law firm with the experience to get you the results you want.

    Steven K.
    "Won DMV hearing and got my case expunged for a minor issue"

    Truly great team of lawyers. Handled everything the very best they could. Won DMV hearing and got my case expunged for a minor issue, so no record, as it should be! Can definitely rely on them.

    Nick T.

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.

Orange County's Premier DUI Defense Attorneys

With an average of 32 years of experience, a top A-V rating, and a listing in the Bar Register of Preeminent Lawyers, the firm continues to be widely recognized as California’s premier DUI defense attorney's and has twice been recognized in the American Bar Association Journal for its specialization and unique technical support staff of former law enforcement, blood-alcohol and DMV experts.

Breath Analyzing Machines

The most economical method in any DUI investigation is breath analyzing. 

There are number of different breath analyzing machines in use today:

  • Intoxilyzer 5000
  • Intoxilyzer 9000
  • BAC DataMaster
  • Intoximeter EC/IR
  • Draeger AlcoTest 7110
  • Portable Draeger AlcoTest 7410

These machines use their own mechanism for analyzing the alcohol content called infrared spectroscopic analysis. This is the principle that alcohol vapor captured in a chamber will absorb light waves of a certain frequency when beamed through it. The Breathalyzer uses a different technique called the “wet chemical” technique.

California DUI defense firms should be aware there are a various of problems in approaching a DUI case involving a breath analysis. For a review of many of these problems, see Taylor & Taylor’s presentations “Breathalyzer and Breath Test Analysis” and “Breathalyzer Accuracy.

To speak to a member of our team, please feel free to contact us online
or call (562) 330-4173.

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