Breath Testing should never be used as evidence! BY: Charles L. Sifers

Breath Testing should be scrapped. Done away with. Stopped forever.

A few years ago at The National College for DUI Defense’s annual Trial College held at Harvard Law School, Dr. Michael Hlastala, an internist from Washington State, presented a radical position in his lecture. He had just finished his paper(s) on how alcohol in the BLOOD does NOT transfer to, OR correlate to, the BREATH in any given person. This is based upon a myriad of causes. And, ALL of them have been ignored or dismissed by the people with the agendas to prosecute DUI’s like a political crime. It sent ALL of us defense attorneys in the room straight through the roof. OBVIOSULY, many, many people have gone to jail for being under the influence who were NOT.

In this month’s The Champion (NACDL’s magazine), Wayne Morris took Hlastala’s work (and some others) and has completely – and finally – put this topic to rest. No more dispute. No more discussion. Note a quote below:    

[T]he idea that the BrAC (breath alcohol concentration) numerical values as now reported have the same significance as the BAC (blood alcohol concentration) in describing impairment has NO THEORETICAL BASIS. (emphasis added).  Breath testing is bogus and should NEVER again be used as evidence. How much longer must we allow this farce to be imposed upon our community?   


Charles L. Sifers
First Attorney Board Certified
in DUI Defense by National College for DUI Defense
(NCDD) under American Bar Association (ABA) Guidelines
ANDBest Lawyers in America in DUI/DWI Defense Specialty, 2010 ed.


.ANDOklahoma’s First & ONLY
Regent (retired) for the National College for DUI Defense
Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email –
web(s) –
“The People should NOT be afraid of the Government. The Government should be afraid of the People”.

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