I only ask because I’ve never seen one used in a hollywood film. Every time a policement wants to ascertain whether a driver is drunk or not, he/she asks them to perform a series of acrobatic stunts such as walking along the white line etc…
Is this because some law or constitutional right prevents the police from using breathalyers? Or is it just a hollywood excuse for a little slapstick comedy? Or some other reason?
Oops. Or when there are no policements around, a policeman will also suffice…
Speaking from experience, I can say that they do. At least they do in Kenai, Alaska. But you are not required by law to submit to a field breathalyzer test, only the one back at the station.
Sure police have breathalyzers (and other equivalent tools).
Hollywood rarely shows the “walk the line” nowadays. When they do, it is for “comic effect.” It’s more important that a comedy be funny than it be accurate.
Oh yes they do indeed. Police generally perform a number of tests in the field, including the “walk the line” and other balance tests, what they a call “vertical gaze nystagmus” test (basically how much your eye jerks around), and others, including a field intoxilyzer. The idea is that the tests corroborate each other; failing five tests is harder to get around in court than failing one test.
Though police themselves claim (and I suspect with with only a little stretching of the truth) that they quickly learn to recognize drunks practically on site.
Like just about every question about cops or procedure that I have seen on this board, the answer is it depends on which state you are in. In order for an instrument like that to be used it must first be proven to be scientifically accurate in court. For this to happen there must be coordination between the prosectutor and the local police. The instrument must be used to convict a defendant then the decision must be appealed. At a higher court expert witnesses are called on both sides and an appeals court judge then rules on the admissablity of the instruments readings. Here in New Jersey field breathalyzers are not admissable. I hear that some towns do use them to confirm the findings of the field tests. If a lawyer can make it seem that the arrest was based on the findings of the instrument then the whole case is in danger of being thrown out due to a lack of probable cause. Besides the law says it is illegal to drive with a blood alcohol content over .08% OR while impaired by alcohol or drugs. The field tests are there to show if you are impaired. Someone who doesn’t drink much will probably fail the tests at a lower level and they should not be driving.
The legal process I described above is now playing out in the courts, not with the field units, but with the instruments we have in the station. Across the state we are still using machines that were built in the 50’s. It costs more for replacement parts than it would for a new modern machine. Hopefully the courts will hurry up so we can move on to 1990’s technology.
After rereading the OP I think I may not have answered the question that was asked. Yes US cops have breathalyzers. They are generally not used at the scene. A suspect must be brought back to headquarters to perform the tests. There is an implied consent law. Anyone (in NJ) driving a motor vehicle does not have the right to refuse a breath test. However some states do not use a breathalyzer. Pennsylvania uses a blood test for every DUI. I’m not sure if any other state has that same rule.
No expert witnesses, or, indeed, witnesses of any kind, are heard by an appeals court. Appellate courts judge law. Witnesses establish facts, and the weight given to their testimony is established by the finder of fact at the trial court level, or by the trial court judge.
http://www2.potsdam.edu/alcohol-info/InTheNews/DrinkingAndDriving/1066843236.html
This article mentions that the Supreme Court will be hearing the case. All DUI cases are heard at the Municipal Court level. I rcall hearing that the scientic accuracy of the machine will not be determined at the municipal level. I will try to find a cite for what the actual procedure will be.
That’s true, although experts may submit amicus briefs for the judge to consider.
In Florida, as far as I can tell only a few cops carry field breathalyzers. The field sobriety tests are generally used, and a failing subject is taken to the station to be breathalyzed (granting you a little leeway because it might take as much as an hour).