police have new breath test

The Police Department has a new arrow in its quiver to target drunk drivers — the preliminary breath test. Officer Michael Finogle, who his training his colleagues in the use of the device, said the roadside breath tests provide "another tool to evaluate someone who may be driving while impaired by alcohol or drugs."

The test is given by a hand-held device with a disposable breathing tube. "Just two buttons," Finogle said. "It's very simple."

Most often the preliminary breath test will be used in conjunction with the field sobriety test, providing officers with an immediate alternative means of determining a driver's condition.

However, Finogle said that the preliminary breath test could take the place or clarify the results of the field sobriety test in some circumstances. "We can use it in a snowstorm, when it doesn't make a lot of sense to ask someone to walk a straight in a foot of snow," he said. "Or, it can be used to rule out medical problems, like a head injury or diabetes that may affect how well someone does at a field sobriety test."

Finogle said preliminary breath tests could also indicate drug use. "If a driver appears impaired, but tests negative for alcohol, there is a potential for drugs," he said. And the test could be used by officers who suspect minors of drinking. "If we break up a party," he said, "we can use the device to see who's been drinking and who hasn't." The law prohibits "internal possession," that is minors having an alcohol concentration of 0.02 or more in their system.

Suspects can be held accountable for refusing to take a field sobriety test, but not for declining a preliminary breath test. At the same time, taking a preliminary breath test does not relieve a suspect taken in custody from having to take breath and blood tests or a drug recognition examination.

In the past, the results of preliminary breath tests could only be introduced as evidence in court to determine whether an officer had probable cause to arrest a suspect. But, this year the Legislature amended the statute to allow the results of preliminary breath tests to be admitted as evidence "for any relevant purpose."

The department has six of the devices at present and plans to eventually equip every patrol car with one. They are being purchased with money from grants.

Finogle said he took a one and one-half hour course to learn to use the machines and to teach other officers how to use them. He has also been assigned responsibility for maintaining them.