A police vehicle pulls you over. The officer points a flashlight inside your vehicle while talking to you. The next thing you know, you are arrested for a DUI offense. A passive alcohol sensor discretely hidden in a flashlight or a pen could be responsible for your arrest. While only one in thirty DUI arrests are made with these sensors, the consequences for those arrested are serious.
How Does A Passive Alcohol Sensor Work?
BAC levels are determined in the field by the measurement of alcohol concentration in lung air. Passive alcohol sensors measure the air around the mouth, not the air found deep in the lungs. Only a breathalyzer or blood test will determine the actual BAC.
These sensors do not determine the actual concentration of alcohol. These sensors also test the surrounding areas. This includes alcohol on others or in the vehicle itself.
Is A Passive Alcohol Sensor Accurate?
Passive alcohol sensors are proven to be accurate in ideal conditions. However, there are many reasons a passive alcohol sensor could provide inaccurate information.
- Time: The colors of the meter readings are difficult to distinguish in poor light.
- Environment: Wind, rain, snow, and the outside temperature
- Surroundings: Helmets, hoods, gasoline vapor, the breath of other passengers
- Medical: Several medical issues can cause the presence of breath alcohol including, but not limited to, diabetes and gastrointestinal disorders.
Some states no longer use passive alcohol sensors after recording consistently inaccurate alcohol readings.
How Do I Contest A Passive Alcohol Sensor DUI Ticket?
Write down as much information as you can remember about the weather, the time, the officer’s behavior, and the condition of any of the passengers present in your vehicle at the time of the arrest.
In the case of a DUI resulting from the use of a passive alcohol sensor, you do have an advantage. You were submitted to BAC testing involuntarily. While you have the option of taking a standard test, the passive alcohol sensor does not allow you to voluntarily take the BAC test. As a result, some courts will dismiss the test results.
Access Evidence You Cannot Access Alone. Your Lawyer Can Help.
Your lawyer can subpoena the accuracy check and calibration records of the passive alcohol sensor used to arrest you. Not all states allow passive alcohol sensor DUI challenges but your lawyer will know what can be done in your case.
