Question: I feel pretty embarrassed but I got arrested for DUI on my way to work at about 7:30 a.m.  It was after a long day and night of partying.  We played golf, watched a lot of sports on T.V. and had a barbecue.  Then we drank Glenfiddich and Talisker into the early morning hours.  My wife drank some wine from Argentina and south Africa.  When I finally went to bed it was about 3:30 a.m.  I slept a little and got up, dressed and drove to work.

But I never actually made it to work.  On my way I tapped another car.  The other car was a Cobb County police car.  We were in the East Cobb area.  The officer got out and I did tests and I blew into something on the street.  The police officer never told me what I registered on that test.  But he arrested me for DUI and took me to jail.

I live in Sandy Springs with my wife and my 5 kids.  I'm an engineer and I design safety gear for airplanes.

What was it I blew into?  It was some kind of breath test, I know.  But what kind?  Can they use it against?

Answer: You blew into an Alco-Sensor.  Alco-Sensors are devices that test breath samples for the presence of alcohol.  As the Georgia Court of Appeals in Keenan v. State, 263 Ga. 569, 436 S.E.2d 475 (1993) stated, Alco-Sensor results are not used as evidence of the amount of alcohol in a person's blood.  Rather, the Alco-Sensor is used as an initial screening device by law enforcement in determining probable cause to make a DUI arrest.

The arresting officer may testify only to the general result of the test, that is, only whether the test was “positive” or “negative” for alcohol.  So, yes, the test can be used against you, but not for the specific numerical result of the test.  The officer can, however, testify that you tested positive for alcohol.

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