When police officers testify in DUI trials, you will often hear them say that they “smelled alcohol” on the driver’s breath or when they leaned in the open car window to speak to the driver. And, in fact, an officer smelling alcohol gives him or her the necessary probable cause to ask the driver to perform field sobriety tests or take a portable breathalyzer test.
What most drivers may not realize is that in some cases, the “smell” may actually come from a passive alcohol sensor hidden inside the officer’s flashlight or other traffic-stop device. These tools detect alcohol vapor in the air around a driver before any formal test or consent occurs.
The use of these devices, while legal in Illinois, raises serious questions regarding whether drivers are being screened without consent. You can find out more about PAS devices below; however, speaking with a knowledgeable Naperville, IL DUI lawyer is always the best step for the most positive outcome available.