Illinois law enforcement agencies are quietly adopting Passive Alcohol Sensors (PAS), which are handheld devices typically built into flashlights or other traffic-stop tools. These devices “sniff” for alcohol in the air around the driver. Aside from the fact that PAS devices detect ethanol without requiring a breath sample (raising the question of whether PAS use equals an unlawful search), there are no state standards for calibration, reliability, or officer training.
Currently, officers are not required to disclose the use of a PAS device, even though it often provides them with probable cause to administer a field sobriety test and/or a portable breathalyzer test. Essentially, the PAS is a device with no rules because it is not recognized under Illinois DUI statutes (625 ILCS 5/11-501) and is not admissible as evidence in a DUI trial.