Sobriety Tests

Until last month, the strongest evidence in drug and drunk driving cases in courtrooms across the nation often was a piece of paper. A crime lab or Breathalyzer report would confirm that the defendant indeed had illegal drugs or a high level of alcohol in his or her system. But a Supreme Court decision has sent a jolt through that procedure. Now the prosecution must make a lab technician available to testify in person if the defendant demands it.

Accused drunk drivers now have more ammunition for challenging Breathalyzer findings as a result of a unanimous ruling Thursday by the California Supreme Court. The ruling is expected to make drunk-driving cases more complicated and possibly more difficult to prosecute, lawyers said. Courts in two other states, Arizona and Vermont, have reached similar conclusions.

Now the iPod can answer the question: Am iDrunk? A new product called the iBreath turns Apple Inc.'s iPod into an alcohol breathalyzer. The $79 accessory plugs into the base of the iPod and functions like a field sobriety test. The person using the iBreath exhales into a retractable "blow wand" and the internal sensor measures the blood-alcohol content. Within two seconds, it displays the results on an LED screen. A reading of 0.

Electronics retailer Sharper Image Corp. agreed Friday to stop selling personal breathalyzers and pay $1.2 million in restitution as part of a settlement regarding the devices. The company incorrectly claimed the digital breath alcohol testers were accurate to 0.001 of a percentage point of blood-alcohol content, according to tests by San Diego's Consumer Protection Unit. Sharper Image also agreed to pay $100,000 in penalties for inaccurately advertising the effectiveness of the testers.