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Smart Breathalyzers in LA: Could AI Change How DUIs Are Handled?

By Los Angeles Criminal Defense Attorney on April 25, 2025

Technology is changing almost every corner of the criminal justice system, and DUI enforcement is no exception. Law enforcement agencies across the country are testing AI-powered breathalyzers that promise faster, more accurate results. And these machines could soon be coming to LA County.

While proponents claim this smart DUI technology will improve public safety, the reality is far more complicated. Questions are already surfacing about BAC test accuracy in California, how this evidence will hold up in court, and whether these systems truly protect drivers’ rights.

If you’re facing DUI charges based on an AI-generated breathalyzer result, you’ll want to find a legal team that understands this new technology and the legal framework necessary to challenge it.

At Werksman Jackson & Quinn LLP, we stay ahead of every development in DUI law innovation to protect our clients.

What Is an AI Breathalyzer?

An AI breathalyzer uses artificial intelligence algorithms to process breath sample data more quickly and more accurately than traditional breath test machines, according to supporters. Instead of relying solely on basic chemical sensors, these devices analyze complex patterns in a breath sample.

Prototypes and early versions are already being piloted in some jurisdictions, and Los Angeles County has expressed interest in exploring smart DUI technology as part of broader modernization efforts. But newer doesn’t always mean better or fairer.

Will Smart Breathalyzers Be Used in Los Angeles?

While no official rollout date has been announced, conversations between tech developers and law enforcement agencies suggest that AI breathalyzer DUI cases in Los Angeles could become a reality within the next few years.

Law enforcement’s interest is clear:

• Faster roadside testing means quicker arrests and fewer bottlenecks.
• Allegedly, greater accuracy could raise conviction rates.
• Enhanced data analytics offer law enforcement broader case-building tools.

However, any implementation must comply with California’s strict evidence rules for chemical testing, particularly under Title 17 of the California Code of Regulations, which governs DUI breath testing procedures.

How Accurate Are AI Breathalyzers?

Manufacturers of smart breathalyzers boast high accuracy rates, sometimes claiming greater than 99%. But these claims deserve scrutiny due to factors that include:

• Lack of independent testing: Many AI breathalyzers are not yet subjected to rigorous third-party validation studies.
• Environmental variables: Breath tests, whether traditional or AI-driven, can still be affected by factors like temperature, humidity, calibration errors, and operator mistakes.
• Residual mouth alcohol: Recent drinking, dental work, or medical conditions can cause artificially high readings.
• Machine learning bias: AI systems are only as good as the data they’re trained on. Incomplete or skewed data sets can lead to biased or inaccurate outcomes.
• Black box problem: Unlike traditional devices, where error margins are better understood, AI systems may not disclose exactly how conclusions are reached, making them harder to challenge without expert technical analysis.

At Werksman Jackson & Quinn LLP, we view these claims with healthy skepticism because we know that no technology is immune to error.

Challenging AI Breathalyzer Results Under California Evidence Law

If smart DUI technology is introduced into LA County, any results obtained must still comply with California’s foundational evidentiary rules. There are several available ways to challenge these results.

Compliance with Title 17 Regulations

California’s Title 17 mandates strict calibration, maintenance, and operational procedures for breathalyzers. If an AI device doesn’t meet these standards, or if officers fail to follow proper protocols, the test results may be inadmissible.

Foundation for Scientific Reliability

Before introducing scientific evidence in a DUI trial, prosecutors must establish that the method is generally accepted within the scientific community. Under California Evidence Code Section 801 and the Kelly/Frye standard, defense attorneys may challenge whether an AI breathalyzer’s results are based on accepted scientific principles.

Challenging the Machine’s Programming and Algorithms

Defense attorneys have the right to question how the AI software functions. If the prosecution can’t fully explain how the device processes breath samples, the judge may exclude the evidence on grounds of unreliability.

Cross-Examining the Officer’s Use of the Device

Even the most sophisticated technology can be undermined by human error. If the officer failed to administer the test properly, or if they misinterpreted the device’s findings, the results can be challenged.

Highlighting External Factors

AI breathalyzers, like traditional devices, are vulnerable to interference from mouth alcohol, medications, certain diets, and physiological conditions (such as GERD or diabetes). Skilled attorneys can use these facts to cast doubt on supposedly smart results.

The Real Danger of Over-Reliance on Technology

The introduction of smart DUI technology raises serious constitutional concerns. Courts, law enforcement, and the public must guard against blind faith in AI simply because it sounds more scientific.

Potential risks include:

• Presumption of guilt: Jurors may give undue weight to AI-generated results, believing them infallible.
• Reduced Officer accountability: Officers may defer to device readings without conducting thorough investigations.
• Privacy concerns: AI breathalyzers could collect broader sets of personal data beyond BAC levels, raising Fourth Amendment questions.

What to Do If You Are Arrested Based on a Smart Breathalyzer

In all DUI cases involving any type of breathalyzer, knowing how to protect yourself will always be essential:

1. Remain calm and polite. Do not argue with officers at the scene.
2. Request to Speak With a Lawyer Immediately: You have the right to legal counsel.
3. Do not voluntarily provide additional information. Beyond required identification, avoid making statements about your drinking, medications, or medical conditions.
4. Preserve all evidence. Make notes about the conditions during the stop, the device used, and any irregularities.
5. Contact an experienced DUI defense team. Attorneys familiar with DUI law innovation and LA criminal defense are better situated to challenge evidence and properly defend your case.

How Werksman Jackson & Quinn LLP Can Help

Facing one based on unproven AI breathalyzer technology demands a legal team with real courtroom strength. At Werksman Jackson & Quinn LLP, we offer:

• Technical expertise: We understand the science behind breathalyzer technology—and how to challenge it.
• Aggressive defense: We fight to have unreliable evidence excluded and negotiate from a position of strength.
• Courtroom excellence: If trial is necessary, we know how to dismantle “smart” evidence before a judge and jury.

Attorneys at Werksman Jackson & Quinn LLP have been recognized by Super Lawyers based on peer reviews and independent research.

Speak with an Experienced Los Angeles DUI Defense Lawyer Today

If you’re facing DUI charges, your future is on the line. A conviction could cost you your job, your freedom, and your reputation. In a world where technology changes by the minute, the Los Angeles drunk driving defense lawyers at Werksman Jackson & Quinn LLP stay ahead of the curve. Call our law firm at (213) 688-0460 for a confidential consultation.