Thread: Breathalizer?

I think what you're looking for is a PAS device. Preliminary Alcohol Screening device. Unless there is a specific law that makes the student arrestable or they can be given a ticket, it sounds like it would be an administrative issue (not sure how a magistrate would be involved).

Here in CA we would often be called to the schools for a student possibly under the influence of alcohol or marijuana. Being under the influence of either is not a crime here in CA, *UNLESS* the person is unable to care for the safety of themselves or others. So get a kid that smoked a joint before class, or had a few beers at lunch... If they aren't driving and they aren't publicly intoxicated, they can't be arrested, however, they could be suspended and/or expelled from school.

Either we (police) would arrest (if the kid was that impaired), or we would simply determine them to be under the influence. School then took it over as an administrative matter and it never went to court. It may go to civil court if the kid or his parents contest the suspension / expulsion, but I've never seen it go that far...

The calls came in enough that our Chief, finally had the Dean's (similar to a Vice Principal) go to Drug Recognition and under the influence training (here in CA it's known as 11550 H&S). They also got some training in the use of the PAS device, the schools then purchased their own through the PD. Agreement between the department and the school was this... School bought the PAS units for each school that wanted / needed one. Police department calibrated them, and kept the users updated.

Worked out well... Very useful at dances, football games, and other activity events... Good deterrent also once word got around... They also make a Passive PAS that is mounted in a flashlight for use when working dances or football games. Picks up alcohol off the person without them having to "blow" into the device... Do a google search for flashlight PAS.

Kahuna

Thank you for the comments. I will take this to the administration today.

Originally Posted by Kahuna5150

Here in CA we would often be called to the schools for a student possibly under the influence of alcohol or marijuana. Being under the influence of either is not a crime here in CA, *UNLESS* the person is unable to care for the safety of themselves or others. So get a kid that smoked a joint before class, or had a few beers at lunch... If they aren't driving and they aren't publicly intoxicated, they can't be arrested, however, they could be suspended and/or expelled from school.

Kahuna

That's interesting to know. Here in Wisconsin, it is not against the law to be under the influence of narcotics, but if someone is underage and has been drinking, they are issued an underage possession/consumption of alcohol citation (either municipal or county depending on the issuing agency).

We use Alco Senser PBT's (preliminary breath testers) out in the field for underage and OWI cases. In an OWI case, it is considered part of the SFST, however the numerical results (it registers a BAC down to thousandths) cannot be used in court, as it is not as accurate as a legal blood draw or Intoximeter.

Originally Posted by kenoshacop

That's interesting to know. Here in Wisconsin, it is not against the law to be under the influence of narcotics, but if someone is underage and has been drinking, they are issued an underage possession/consumption of alcohol citation (either municipal or county depending on the issuing agency).

Yes it's actually a misdemeanor to be under the influence of specific controlled substances. So you're standing on a street corner under the influence of meth, cocaine, or heroin (among others) you're in violation of state law and arrestable. Marijuana does not fall under these schedules of narcotics, therefore you can't arrest for it...

As for minors... They can lose their license for up to a year for being even a .01 BAC, however the charging them for possession does not work here as they are possessing it internally. A few hard charging officers tested the courts by charging minor in possession for a kid who had a readable BAC. It didn't fly.... The minor consumption law would be a good idea here....

Kahuna

There is a specific kind of breathalizer too that is meant for schools if you want the link pm me, it's a pass/fail one and its meant for zero tolerance situations, it doesn't use a straw and looks kinda like a flashlight.