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

• NCJ Number: 86532
• Author(s): P A Ruschman; K B Joscelyn; M Greyson; H O Carroll
• Date Published: 1980
• Length: 70 pages
• Contract Number(s): DOT-HS-7-01536
• Sponsoring Agency: US Dept of Transportation National Highway Traffic Safety Admin
• Corporate Author: University of Michigan
• Sale Source: National Technical Information Service
• Language: English
• Country: United States of America

Annotation

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.

Abstract

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. As a result of these constraints: Devices requiring the tested subject's cooperation cannot be used unless there is 'probable cause' to arrest for driving while intoxicated; legislation requiring that an officer arrest a driver before testing precludes the administration of all prearrest tests in most states; implied-consent legislation offers drivers a number of options that could limit the use of certain testing devices in some states; and police officers and prosecutors in a few states must retain breath ampoules for possible further testing. 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. (NTIS abstract)