When stopped at a DUI checkpoint and confronted with passive alcohol sensors, otherwise known as non-intrusive or covert alcohol sensors, any person understandably has a high level of concern about the legality of the DUI checkpoint itself, let alone the practice of implementing covert or hidden alcohol sensors. These devices, known common as passive alcohol sensors, essentially obtain a breath test seeking the presence of alcohol without the driver’s consent or even knowledge in many cases. If a driver even recognizes a law enforcement officer as attempting to take a covert passive alcohol sensor test, typically noted by a law enforcement officer placing an ordinary object such as a flashlight near a driver’s face, there is little he or she can do at the scene. Of course, drivers can refuse to provide a sample or even necessarily allow law enforcement to place an object so close in the driver’s proximity (testing typically requires placement of sensor within a foot of the driver’s face), but any attempts outside of polite requests to back out of one’s personal space may constitute grounds for a resisting law enforcement charge.
Contesting DUI Charges Based on DUI Checkpoints
State laws are not uniform in addressing the legality of DUI checkpoints themselves in many cases. There may be sufficient room to contest a DUI charge based on the procedure of the DUI checkpoint in certain cases. The applicable state laws concerning DUI checkpoints are also evolving, and in turn, a frank assessment of the legality of the DUI checkpoint will require the insight of a lawyer.
Contesting DUI Charges Based on Passive Alcohol Sensors
Use a passive alcohol sensor may also provide grounds for a driver to contest a DUI charge. These devices are relatively new, and in turn, state laws governing their admissibility in court, let alone legality in general, are not clearly defined. One thing is for certain, use of a passive alcohol sensor is insufficient in and of itself for a DUI conviction in most cases. Furthermore, any further evidence gathered against a driver following detainment or searches based on probable cause provided by the passive alcohol sensor may be illegal, in certain cases. Consulting with a lawyer is important and essential in these instances.
Getting Legal Help with DUI Charges involving Passive Alcohol Sensors
As a driver, the best method to contest arrest based on passive alcohol sensors or DUI checkpoints is through a drunk driving lawyer. Consult with a criminal defense lawyer specializing DUI cases to learn more about one’s legal rights in light of these highly case-specific considerations involving passive alcohol sensors and DUI arrests.
