Policy Text
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Rancho Cordova Police Dept.
Preliminary Alcohol Screening (PAS) Devices
The purpose of this Order is to o utline procedures for the assi gnment and use of
Preliminary Alcohol Screening (P AS) devices. The Department po licy regarding the use
and maintenance of PAS devices is modeled after Title 17, of th e California Code of
Regulations, and in compliance with People v. Bury (41 Cal.App.4th 1194 [1996]) and
People v. Williams (Cal. 4th S098552 [2002]) to increase t he possibility that the PAS
results will be admissible in court. I. General
Preliminary alcohol screening (PA S) devices are to be used by o fficers to
augment or complement an office r's probable cause to arrest for driving under
the influence (DUI) related off enses. The PAS device is a hand -held breath
testing device designed to anal yze a person’s blood alcohol con centration (BAC).
The PAS device is accurate and a highly reliable instrument, wh ich meets
stringent federal guidelines for ev identiary breath-testing ins truments. PAS
devices are useful tools for the enforcement of, and detection of, DUI violations.
PAS devices are also used to ref ute or negate a driver’s conten tion that their
impairment is based upon alcohol c onsumption whenever they are suspected of
being under the infl uence of an illegal drug. A PAS device tes t is one of the
Department's approved field sobr iety tests (FST) as outlined un der Section III. B.
of Operations Order (RCPD DUI Investigations).
Although PAS evidence is admissi ble in court, it is not a subst itute for chemical
testing for Blood Alcohol as des cribed in the California Vehicl e Code. As such,
there is not an “imp lied consent” incumben t upon a driver to co mply with a PAS
test. Non-compliance with the pr ovisions set forth in Title 17 CCR will go to the
weight of the evidence and not its admissibility into any proce eding.
II. Procedure
A. Officers assigned to the Rancho Cordova Police Department sh all be
trained in the theory of operati on, detailed procedures of oper ation,
practical experience, precauti onary checklists and a written an d/or
practical exam, per the requirem ents of the Calif ornia Code of
Regulations, Title 17, Section 1221.4(a) (3).
B. Training shall be facilitat ed by members of the Rancho Cordo va Police
Department Traffic Bureau or o ther designated person(s).
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C. PAS devices shall be stored in the Equipment Room and signed in and
out by officers using a PAS devic e utilizing the PAS sign out l og.
D. Officers shall keep the PAS devic e in its protective case un less actively
using the device.
E. The PAS device should be used a fter the completion of FST’s.
F. Supervisors will ensur e that the maximum available number of PAS
devices are deployed during ever y shift according to operationa l needs.
G. The PAS device should be kep t in the passenger compartment o f the
officer’s vehicle to avoid fl uctuations in temperature.
III. Use of PAS Device
A. Prior to administering a PAS te st, officers should keep the suspect under
observation for a minimum of 15 minutes and shall ensure that t he
suspect has not: 1. Ingested any food or liquid
2. Smoked
3. Vomited or regurgitated
4. Use of mouthwash
B. A driver shall be read the PAS Admonishment as required per CVC
23612(i) which states: “ I am requesting that you ta ke a preliminary alcohol
screening test to assist me in determi ning if you are under the influence of
alcohol or drugs or a co mbination of alcohol and drugs. You may refuse
to take this test. However this is not an implied consent test and if
arrested, you will be required to give a sample of your blood or breath for
the purpose of determining the alc ohol and drug content of your blood .”
C. The following persons may not refuse a PAS te st, and the PAS
Admonishment will no t be read to them:
1. The driver is under the age of 21 years old (CVC 23136(c)(1) ).
2. The driver is on probation fo r a prior DUI offense (CVC
23154(c)(1)).
D. Prior to completing the test , the officer shall conduct a pr oper pre-test
procedure (date, time, test #, te mperature and .000 blank test) and ensure
that the area is free of any si gnificant radio frequency interf erence.
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E. Two (2) tests should be admin istered with at least two minut es between
both tests.
F. Both tests should have a r eading of within %.02 BAC of each other.
G. The officer shall document