State : CHP Plans Random Breath Tests
SACRAMENTO — Using devices hidden in flashlights, the California Highway Patrol will begin giving random breath tests to unsuspecting motorists at roadside sobriety checkpoints throughout the state, CHP officials said today.
“We hope to have this program under way by the end of the year,†CHP spokesman Sam Haynes said. “We believe this program is compatible with search-and-seizure laws and implied-consent laws.â€
A recent state attorney general’s opinion, which does not carry the force of law, says devices called preliminary breath testers can be used on people who have not been arrested.
“We believe we’re on solid legal ground with the attorney general’s opinion,†Haynes said.
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