Interviewer: Are people given one breath test at the roadside and then again at the police station? Or are they just given one test at the police station?
The Alco-Sensor Test Is Not Admissible In Court
Martin Kane: They usually get one roadside test which is an Alco-Sensor test. That test is not terribly accurate. It’s not admissible for use in court. You’ll never see the district attorney trying to put in the test that is done at roadside because it’s not very reliable. It’s just enough to give the officer probable cause along with his other observations, to make the arrest, but it is not used in court.
After Being Pulled Over By The Police, Can You Refuse One Or Both Of The Breath Tests?
Interviewer: With the law surrounding the two breath tests, do people get confused that they are allowed to refuse one and not the other?
Martin Kane: The one that’s done at roadside, they might possibly be able to refuse. It’s really not going to do any good. If you take that test and you fail that test by itself, that’s not going to hurt you. If you pass it, that’s not necessarily going to help you. The one that is given at roadside is not that important.
Interviewer: Is the roadside breath test refusable with no adverse consequences for the driver?
Martin Kane: I would suggest that somebody take the roadside test. It’s not going to cause them any additional problem. Then if they are showing other signs, they’re going to be arrested in any event.
Contact The Law Office of Martin D. Kane at (718) 793-5700 to find out more about what we can do for you.