If police pull a driver over and smell alcohol on the driver's breath, then the police officer can administer several tests in order to determine whether someone has actually been drinking. These tests include field sobriety tests, breathalyzer tests and blood tests. All of these tests require the permission of the driver who is suspected of drinking.

However, police in Pennsylvania are now trying out a new device aimed at preventing underage drinking and drunk driving.

The device is called a "Passive Alcohol Sensor." The device is described as "passive" because it apparently can detect alcohol on someone's breath from almost two feet away. The flashlights cost $700 each and they are currently being used on Penn State's campus.

The devices were funded by the National Institute on Alcohol Abuse and Alcoholism in connection with Pennsylvania's Zero Tolerance legislation. This law allows underage drivers to be charged with a DUI if they have a blood-alcohol content of only 0.02 percent.

The State College Police Department is planning on using the devices, in addition to their noses, to help them to detect alcohol on driver's breath during traffic stops. Supposedly, the detectors will not be used on pedestrians or students suspected of underage drinking. Whether this might be what is in store for Pennsylvania residents is up for debate.

Unlike blood tests and field sobriety tests, authorities argue that people do not even need to be notified if their breath is being tested for alcohol because the intrusion is "passive."

Proponents of the devices claim that police officers are much more able to detect alcohol consumption by using the alcohol flashlight sensors. However, it is important to remember that the use of these devices is very new. Because the flashlights are so sensitive, it is completely possible that the device may be picking up alcohol on a passenger's breath or on something else inside a vehicle. This may allow a police officer to assume that there is probable cause to administer more intrusive tests, but this may not necessarily be the case.

If you have been the subject of an arrest and charges based on the use of one of these new alcohol flashlights, you should contact an experienced DUI attorney who can help to determine whether your rights were violated.

Source: The Daily Collegian, "Police could use new alcohol detectors," Anna Orso, Sept. 27, 2011