Scientists Make Device To Detect Drunk Driving, But Is It Legal?

This news may actually raise some concerns among many citizens who may realize the legal problems that could arise out of this new discovery. According to an article from the Huffington Post, the scientists developed a laser-based device that can detect alcohol vapor in a vehicle that moves past the sensor. Much like radar guns that are used to catch people who are speeding, the Polish scientists say their device could provide the same level of law enforcement except with drunk driving. But the system is not without its flaws, admitted the scientists, who pointed out that the system might not detect alcohol vapors in vehicles with open windows. There is also the issue with determining who is intoxicated: the driver or passenger. In a conclusion written about the device, scientists explained that the system cannot differentiate between a drunk driver and a drunk passenger. This could lead to a number of unlawful arrests or even false accusations. The device also raises concerns about laws regarding searches and seizures. Would laws be equipped to handle cases where a person faced drunk-driving charges because of the information provided by a machine such as this? If two vehicles pass the sensor at the same time, how do police know which driver to pull over and which one not to? Would the scan of a passing car count as unlawful search and seizure? Could this result in complicated litigation for everyone involved? Because the device is still in the early stages of development it’s difficult to say if or even when a device such as this could find its way into the hands of American law enforcement. If it does, Montgomery County DUI attorney Robin Glockman says his hope is that lawmakers will have thought about these legal ramifications ahead of time so that it does not create complication issues down the road 

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