If you have recently been stopped for driving under the influence you may have noticed the officer's flashlight coming seriously close to your face and into your car--you have probably just been the victim of passive alcohol sensor DUI ticket--a form of involuntary testing. Quite likely you did not even realize you were being "tested" at the time. You probably assumed that the officer was merely looking into your car in order to determine if you had drugs or open containers of alcohol. The Passive Alcohol Sensor DUI test is the latest in high-tech gadgets intended to convict you of a DUI offense.
Passive Alcohol Sensor--Non-consensual Testing?
Although the companies who manufacture the passive alcohol sensors maintain they do not violate your Constitutional Rights, this is a very debatable point. While it may be touted as "non-invasive," the sensor is obtaining results from your person or your car which can then be used against you to determine you may be guilty of driving while intoxicated. The results from the passive alcohol sensor can then lead the officer to administer field sobriety tests or ask you to submit to a Breathalyzer or blood test. The passive alcohol sensor effectively removes your choice in the matter, and, while not admissible in court, can still be considered invasive, giving law enforcement further reason to test you and search your vehicle.
How Does the Passive Alcohol Sensor Work?
The passive alcohol sensor can either be disguised in a flashlight, as a pen caddy or as a police officer ticket book container. The passive alcohol sensor "sniffs" the air in your vehicle and detects open containers of alcohol or human breath containing alcohol. Though the companies who market the device declare it is merely an extension of the officer's nose, the officer's nose rarely ends up in your back seat during a traffic stop.
What to Do If You Suspect an Officer is Using a Passive Alcohol Sensor
If you find yourself in the middle of a DUI checkpoint with an officer who seems especially aggressive when waving his flashlight around your face, you do have the right to politely request that the officer keep the flashlight out of your vehicle and away from your face. You have the right to keep your window open only enough to hand your driver's license and other requested paperwork through the area. If the officer then asks you to roll the window down all the way and you refuse, he will ask you to step out of the vehicle--which you must do, however you are legally entitled to lock your vehicle behind you.
Defenses for a Passive Alcohol Sensor DUI Ticket
The passive alcohol sensor is a covert manner of obtaining evidence, without your consent, and could lead to subsequent tests which eventually contribute to your DUI conviction. If you believe you were subjected to a passive alcohol sensor during a DUI checkpoint or traffic stop, you should hire an experienced DUI attorney who understands all the issues surrounding the use of PAS devices and can argue you were subject to an invasive procedure which you did not agree to and which violated your rights.
