What are passive alcohol sensors?

Passive alcohol sensors are a new form of technology used by police to determine if there is alcohol on a suspect’s breath and if there is probable cause for a DUI arrest. The “sniffer” is said to become merely an extension of the officer’s nose, and cannot be used as evidence in court. However, it is a form of investigation that some believe is an invasive violation of a suspect’s rights.

Many times the passive alcohol sensors are disguised as flashlights, ticket books, or pen caddies. Officers may direct them at a suspect’s face or into their car, hoping to obtain sufficient evidence to administer other Field Sobriety Tests.

However, some tests concerning the reliability of these new devices indicate they may be unreliable. In addition, they are considered cumbersome by some officers, and not only little help, but distracting from their observations of the overall condition of a suspect.

If you believe that an officer unfairly used a passive alcohol sensor to provide probable cause to administer other sobriety tests, and that it was an invasion of your privacy, you should contact a DUI attorney who is familiar with these devices. They can determine if they are legal in your state, if they are reliable, and if the police in your area are using them correctly. This may play a big part in helping you find a strong defense for you DUI charge and help you have those charges reduced or dropped.