Breathalyzer and Alcosensor
What is the difference between the “Breathalyzer” and the “Alcosensor?” Is there is any realistic way to challenge these machines?
Answer: The Alcosensor is the portable hand held breath testing device that is administered at the scene of the pullover. The Intoxilyzer 5000 is the breath testing device that looks like a computer, and usually located at the precinct or jail and is the device which the state uses to prove that you have more than the legal limit of alcohol in your blood. The results of the portable Alcosensor administered in the field is not admissable in court to prove that you have more than the legal limit of alcohol in your blood. Remember, there are good challenges to both testing devices.
D. Tremayne:
August 17th, 2006 at 4:03 am
Why are the results of the Alcosensor not admissable in court?
Guy:
August 18th, 2006 at 9:51 am
The alcosensor is not recognized as being accurate enough, nor is it required to be maintained on a regular basis, for the courts to allow the digital reading of the alcosensor into evidence. It is not the “official” blood alcohol testing device, such as the Intox. 5000, or blood testing devices at the crime lab. However, the cops do use the reading of the alcosensor as a “guide” when they make their decision to arrest you for DUI. I have had clients do wonderfully on the physical sobriety test and then take the alcosensor and fail it, so they got arrested.
matt:
January 29th, 2007 at 7:27 pm
Guy, in the instance that you described where your clients passed the sobriety test but failed the alcosensor, did this client have a better chance in court of plea bargaining or retaining their license?