Law Enforcement Agencies Increase Use of New DUI Flashlights As Holiday Season Approaches

This past weekend marked the beginning of California's holiday season DUI enforcement period. In Alameda County, participating law enforcement agencies were provided with brand new DUI enforcement equipment in order to isolate, test, and arrest individuals suspected of driving under the influence. Included in this package of new equipment is a $750 alcohol sensing flashlight, also known as a passive alcohol sensor.

In addition to providing light to law enforcement officers, the flashlights also scan for the presence of alcohol in an enclosed area. During a traffic stop where an individual is suspected of driving under the influence, a law enforcement officer will place the flashlight inside the individual's window. The flashlight takes in air through an intake port, which is designed to detect the presence of alcohol. A sensor in the flashlight then visually displays the results of the scan on a color scale, ranging from red to green. The individual will have no idea that the officer is actually testing for the presence of alcohol inside the vehicle.

However, increased use of the passive alcohol sensors has resulted in widespread debate between avid supporters such as Mothers Against Drunk Driving (MADD) and staunch critics, such as the American Civil Liberties Union (ACLU).

According to the ACLU, the use of this tool by law enforcement is a violation of an individual's civil rights. "I'd be concerned this violates the state's vehicle code. The statute requires a person to submit to this kind of testing, and if an officer just points a flashlight into the car without the individual knowing what's going on, it seems like that would be an infringement of their rights," stated Michael Risher, a staff attorney with the American Civil Liberties Union of Northern California. Because the passive alcohol sensor looks exactly like a flashlight, the driver would have no idea that they are being preliminarily screened for the presence of alcohol when an officer approaches their vehicle.

Risher also argues that the passive alcohol sensors pose a serious disadvantage to designated drivers, who may be improperly asked to submit to chemical testing or field sobriety tests because alcohol was detected within their vehicle. According to Risher, "We hear so much about designating a driver, but this tool kind of contradicts that. It causes nothing more than a hassle and delay for a person doing the right thing."

However, Livermore police Lieutenant Mike Peretti disagrees with the ACLU's assertion that the flashlights violate any laws or civil rights. According to Peretti, "The flashlights are nothing more than an investigative tool. It is one of many we use. We would never base our entire investigation of a possible drunken-driving incident on what the flashlight says. But it lets us know that there is alcohol in the air when we stop someone."

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