(a) A law enforcement officer may request a person who is operating or attempting to operate an aircraft within this state to submit to a preliminary screening test of the person’s breath or oral fluid, or both, if the officer has reasonable suspicion to believe the person has been operating or attempting to operate an aircraft while under the influence of alcohol or drugs, or a combination of alcohol and any drug or drugs.

(b) If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by Section 2 of 2022 HB 2377, and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action concerning the operation of or attempted operation of an aircraft except to aid the court in determining a challenge to the validity of the arrest or the validity of the request to submit to a test pursuant to Section 2 of 2022 HB 2377, and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to Section 2 of 2022 HB 2377, and amendments thereto.

(c) Any preliminary screening of a person’s breath shall be conducted with a device approved pursuant to K.S.A. 65-1107, and amendments thereto. Any preliminary screening of a person’s oral fluid shall be conducted in accordance with rules and regulations, if any, approved pursuant to K.S.A. 75-712h, and amendments thereto. (Ord. 22-35 § 2, 2022.)