PORTLAND -- 'Tis the season for holiday celebrations and drunken driving saturation patrols. But there are questions about how fair Oregon's law is when it comes to drunken driving arrests.

If you blow a .08 or greater in Oregon, you'll likely be charged with driving under the influence. But defense attorney John Henry Hingson III questions whether that breath test you receive is accurate.

"When you are charged with DUI in Oregon you can be guilty of DUI but sober," Hingson said.

In Oregon, drivers undergoing breath tests are only asked to give one breath sample. California, Idaho and Washington all require two.

"It's another way of showing we go a step beyond to protect the rights of the accused," Washington State Patrol Trooper Dale Johnson explained.

"All evidential testing should have at least two tests that agree with one another to a certain degree of statistical probability. This is elementary science," Hingson said.

"Since I've been employed, single-breath sample testing is the way we collected breath samples," Oregon State Police Sgt. Tim Plummer said.

Plummer says Oregon has been using the same testing method for at least 15 years. He believes it's accurate but says there's a chance that Oregon will follow the lead of neighboring states and go to a two-breath sample system.

"There is. That is the industry standard that the industry is moving towards. The problem with it is Oregon's administrative rule and Oregon's law right now -- it only allows us for one breath test," Plummer explained.

Hingson says a client of his received two vastly different results from two breath tests administered in Oregon.

"If one is .00 and another is .19 and they're 15 minutes apart, there's something wrong with the testing process. They won't admit it. They won't change their program," Hingson said.

He believes that innocent people are falling through the cracks.