“Flashlight” Alcohol-Sensing Device Soon To Be Used in San Diego County
Law enforcement agencies in California, although maybe not yet in San Diego County, California are relying on a new piece of DUI enforcement equipment: handheld alcohol screening devices or alcohol-sensing devices.
Opponents of these new devices insist these tools used in DUI investigations violate drivers’ rights.
“The passive hidden alcohol sensor defies the rule and belief that preliminary alcohol screening tests administered via a portable device are voluntary for adults. Obviously, secret samples obtained from these devices are not dependent on your consent or voluntary participation,” reads a press release from SanDiegoDWI.com a year ago, which leads many to believe these devices are being used in San Diego County already, if not very soon.
Starting this weekend, DUI task forces from law enforcement agencies in many California counties begin holiday season enforcement. Participating members in the program will receive the new DUI enforcement equipment, including those hand-held alcohol screening devices or alcohol-sensing flashlights.
What are these flashlights? Called passive alcohol sensors, they work much like a normal flashlight and provide light for officers who have stopped someone for a traffic violation. However, the flashlight device can also sense alcohol. The sensor triggers a color-based measurement scale, which goes from red to green, based on the amount of alcohol it picks up.
"We've used them for a couple of years in Livermore," said Livermore police Lt. Mike Peretti. "They're relatively new to most agencies in the county, but some are starting to use them.
However, Michael Risher, a staff attorney with the American Civil Liberties Union of Northern California, said the tool may be violating people's rights.
Risher reminds us that the state's vehicle code requires a driver's permission to take a preliminary alcohol screening test when police suspect he or she may be intoxicated.
Driving Under the Influence in San Diego County
Flashlight alcohol-sensing devices may be a violation of a driver’s rights, but an arrest because of driving under the influence is not. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.
If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.
DUI flashlights help Fight Drunken Driving -- But Are They Legal?, MercuryNews.com, December 11, 2008
Alcohol-Detecting Flashlight A New Tool To Fight Drunk Driving, KTVU.com, December 11, 2008
Police Take Covert Breath Samples to Detect DUI, PRLog.com, November 7, 2007
Related Web Resources
California DMV guidelines about driving while under the influence
California DMV: DUI procedures
If you have been arrested and charged with DUI in San Diego county, then trust your case to an experienced San Diego criminal defense attorney. Attorney Victor A. Orsatti will explain your legal options during a free consultation.
