Kansas high school using portable breathalyzer on students at school events

DERBY, Kan. (KSNW) - A Kansas high school is cracking down on student drinking with new portable breathalyzers.

Derby High School already has random drug testing.  Now school administrators will be testing students for alcohol use as well with a device called the "AlcoBlow".

"They blow onto the end of the wand and it has three indicators to see if they've been drinking," Derby High Principal Tim Hamblin explained. "We are doing this. It's already been deployed at the first football game. We have two."

School officials noted the school will only use the "AlcoBlow" system if someone comes forward and states a student may be drinking or intoxicated.

But, is it legal?

"Maybe the bigger question here is how will the school do this?" legal analyst and Wichita attorney Dan Monnat asked. "Might we find that a disproportionate number of students with face metal and tattoos are being tested? Or, might we find that a disproportionate number of students who wear hoodies are being tested? The school has to be very careful to administer such constitutionally permissible procedures as these in a non-discriminatory manner."

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