Questions Surfacing Regarding Alcohol Breath-Tester Used in California

July 22, 2011

Questions Surfacing Regarding Alcohol Breath-Tester Used in California

Alco-Sensor V May be Inaccurate, Causing a Review of Pending DUI Cases

Test results from the Alco-Sensor V, a new alcohol breath-testing device used in California, were recently discovered to be unreliable. Law enforcement officials use the device in the field to determine sobriety. In Ventura County, the District Attorney's Office sent out a memo to local attorneys noting the new device was "erratic." Because of this, Ventura County may throw out hundreds of cases from January 20 to March 31 of this year.

Every county in the state now uses an Alco-Sensor IV, which has not shown the same erratic results as the newer model.

Traffic Stops

Anyone with a .08 Blood Alcohol Content (BAC) or higher is considered legally too drunk to drive. While breath tests are considered determinative of whether a driver is impaired, officers should use a variety of methods to check whether a driver is intoxicated. Other methods to determine a lack of sobriety include field tests, the smell of alcohol and the driver's appearance. For those who were charged with a DUI based on results from an Alco-Sensor V, the state may have to throw out the case.

Before conducting field and breath tests officers must have probable cause to pull a driver over. A traffic violation such as speeding or weaving between lanes is probable cause to pull the driver over. However, an officer who pulls a driver over without probable cause is violating that person's constitutional rights and no evidence derived from that stop can be used in court.

Penalties

A first-time DUI carries strict penalties. A conviction means:
-More than $3,000 in fines and court fees
-Mandatory alcohol school
-A mandatory 48 hours in jail
-A six-month license suspension
-Three to five years of probation

These penalties are only for first-time convictions. Subsequent DUI convictions or a DUI conviction with a BAC of .15 or higher bring more jail time, fines and other penalties.

A Criminal Defense Attorney Can Defend Your Rights

An experienced DUI attorney is essential to protect your rights in court. From questioning the breath-testing device used by officers to determining whether the officer violated your constitutional rights, a criminal defense attorney can make sure officers acted in accordance with the law every step of the way.

Article provided by Douglas L. Gardner Attorney at Law
Visit us at http://www.dgardnerlaw.com