If law enforcement suspects that you are driving while under the influence of alcohol, they may administer a portable alcosensor test. A portable alcosensor test is a preliminary alcohol screening (PAS) that is often performed before you are formally arrested for DUI. A PAS provides evidence of your blood alcohol content that can be used against you in court and/or confirmed after your arrest by a blood or urine test.
Although a portable alcosensor test is used in the vast majority of DUI cases, there are problems with this test and the test may not be an accurate measure of whether you are actually driving while intoxicated or not. As such, at the Eversole Law Office, our Birmingham DUI lawyers have helped countless clients in Jefferson, Madison and Shelby Counties and throughout the Alabama area to win not-guilty verdicts or have charges dropped by raising questions about whether a portable alcosensor test conclusively proves intoxication. To learn more about how we can help you in your DUI case, contact us today at (866) 831-5292 to schedule your free consultation.
Alabama DUI and the Portable Alcosensor Test
A portable alcosensor test is a fancy name for a portable device that is intended to sense or determine the amount of alcohol in your blood stream. Most people are familiar with the most common type of portable alcosensor test: the breathalyzer or breath test. Breath tests have long been used as evidence in DUI cases, despite warnings as to the accuracy of breath tests going back as far as 1985 when a University of Washington Professor of Physiology, Medicine and Biophysics cautioned in an article Physiological Errors Associated with Alcohol Breath Testing against the use of breath tests in a legal setting because so many physiological variables could affect them.
Today, however, the breathalyzer is not the only test that can be performed in order to sense or detect alcohol using a breath test. New technologies that are used in order to assess your alcohol level in the field include devices that make use of technologies such as infrared spectroscopy technology. In your DUI case, this means any number of different devices and technologies may have been used in the field in order to assess the amount of alcohol in your blood steam. These devices may include the BAC Datamaster; an Intoxilyzer; a Draeger or an Intoximeter.
No matter which device is used, however, there are typically ways to challenge whether the device actually provided an accurate measure of your intoxicated. Each different test is challenged in a different way, but it is important to remember that your breathing pattern; medical conditions such as diabetes; use of common household products such as mouthwash; your metabolism and other variables can all affect results. Furthermore, the accuracy of an alcosensor test may also be impaired if the machine is not calibrated properly according to manufacturer instructions or if the law enforcement officer administering the test has not been fully and completely trained.
At the Eversole Law Office, we have been able to successfully challenge alcosensor tests and other DUI tests for many clients in order to get charges dropped or to win a not-guilty verdict. The sooner we take a case, the sooner we can begin to work with you to build evidence for a DUI defense and to challenge the DUI tests performed. That's why it's important to contact Steven Eversole as soon as you know you'll face DUI charges in Alabama. You can call us toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.