Roadside DUI Tests
Preliminary Screening Device
The Preliminary screening device most commonly used in San Diego County is the Alco-Sensor IV.
The instrument uses a sensor that is a two sided porous disk layered with platinum to detect the presence of alcohol in your breath. When your breath sample is drawn into the machine any alcohol that comes in contact with the surface of the disk is supposed to be broken down chemically and the number of resulting electrons is then converted mathematically into an electrical signal which corresponds to a Breath Alcohol Concentration.
California Vehicle Code Section 23157(h) establishes that this test is simply another Field Sobriety Test to be used by the officer to determine whether or not he or she thinks that you were driving under the influence.
However, did you also know that the Vehicle Code goes on to say that the officer is required to advise you of your right to refuse to take this test? Were you offered this option?
In addition, each unit is supposed to be checked at least every 10 days or 150 tests for accuracy. Your DUI lawyer should look into this. In addition, before you participated in this test the officer should have asked you to remove all food, drink, tobacco products, chewing gum, and/or objects from your mouth - with the exception of permanent dental devices. Did he do this?