Preliminary Alcohol Screening Device and Its Effect on Your DUI
A Preliminary Alcohol Screening (PAS) device is a small handheld breath testing machine. Police officers will often administer a PAS test as a final determination as to whether or not they have probable cause to arrest you for DUI.
So how important is a PAS device to your DUI case?
Preliminary Alcohol Screening is Voluntary
During DUI stops where the officer is unsure if you’re intoxicated, he may ask you to submit to a breath test. Submitting to a PAS test is completely voluntary if you are 21 years old or older.1
The law says that the police have a duty to inform you that a PAS test is voluntary, but in reality, if police fail to do so, it likely won’t be enough to dismiss your case.2 However, even though you don’t have to submit to a PAS test, you will have to provide a blood or breath test at the station after you’ve been arrested.3
How a Preliminary Alcohol Screening Can Affect Your DUI Case
At Wallin & Klarich, we highly recommend that you do not voluntarily submit to a PAS test unless you are 100% sure that you have not drank any alcohol beverages. The results of a PAS test can be used as additional evidence against you. However, these tests are known for their unreliable nature.
Breath tests are typically less accurate than blood tests, and a PAS device is even less accurate than Breathalyzer machines at the station. Unless you are extremely certain that the results of a PAS test will show an officer that there is no reason to arrest you for DUI, you should not place any faith in these tests.
It is best to let police arrest you and wait to submit to a blood or breath test at the station rather than take a PAS test. However, if you already submitted to a PAS test during a DUI stop, your defense attorney may be able to show that the results of the test were inaccurate.
Speak to an Experienced DUI Defense Attorney Immediately
If you or your loved one has been charged with DUI, you need to contact an experienced DUI defense attorney immediately. At Wallin & Klarich, our skilled criminal defense lawyers have been successfully defending clients facing DUI charges for over 40 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich DUI defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1.California Vehicle Code Section 23136(c)(1) href=”#ref1″>?
2.California Vehicle Code Section 23612(5)(i) href=”#ref2″>?
3.California Vehicle Code 23612 href=”#ref3″>?
