An Analysis of the Potential Legal Constraints on the Use of Advanced Alcohol-Testing Technology

摘要

An analysis was made of the potential legal constraints on the use of existing and proposed devices that would be used at the roadside by police officers to measure drivers' blood alcohol concentrations. Examination of current law revealed the chief constraints to be: the constitutional requirement that searches and seizures be 'reasonable'; state implied-consent legislation; and court decisions that require the retention of breath ampoules. Constraint resolution strategies include: administering active tests only when probable cause exists; amending implied-consent legislation to permit the use of new devices; and appealing adverse court decisions where necessary.