When someone gets pulled over, one of the questions that lawyers are asked the most is whether they should take a breathalyzer test. The breathalyzer test that law enforcement tries to get you to do when they are pulling you over on the side of the road is known as a Preliminary Alcohol Screening (PAS) test.
In most cases, you are free to decline a PAS test without suffering any repercussions. It is best to politely but forcefully decline the PAS breathalyzer test in California as long as you are permitted to do so by law. Read on to learn more about what your options are and contact Chambers Law Firm at 714-760-4088 if you require the help of a DUI defense attorney in California.
What Is a Breathalyzer for a Preliminary Alcohol Screening?
One of the many techniques a police officer might use to assess whether you were driving while intoxicated in California is a preliminary alcohol screening test. Be aware that as soon as you are stopped for a traffic violation, the police are deciding whether or not to arrest you for DUI. Every inquiry they make about you is used in their appraisal. This includes the standard “have you been drinking tonight?”
When an officer asks you to “step outside the vehicle,” the PAS test usually follows. You might also be given a field sobriety test. A PAS breathalyzer can be used in place of or in addition to the field sobriety test. It can also be gently rejected.
A PAS test performed at the side of the road will attempt to calculate your blood alcohol content (BAC) and establish whether it is higher than the legal limit for driving. The PAS is a portable device that claims to be able to determine your blood alcohol content.
How Is a PAS Breathalyzer Used?
If their BAC is 0.08% or more, personal drivers over the age of 21 in California are not allowed to operate a vehicle. As a result, you will be arrested for DUI if a PAS test reveals that your BAC is above the legal limit.
The PAS roadside test should not be confused with an evidential breath or blood test that takes place at the police station after you are arrested. Usually, refusing those would have negative implications. At a traffic stop, however, the PAS can be refused. It is advisable to skip the test altogether because the accuracy of PAS devices varies and necessitates constant calibration.
Who Is Not Allowed to Reject a Breathalyzer Test for First Alcohol Screening?
The majority of Californians are free to opt out of taking a PAS test while on the side of the road. Although the police officer is unlikely to present the breathalyzer as voluntary, you do have the option to decline.
At a traffic stop, two categories of people must submit to a PAS breathalyzer. Drivers under the age of 21 are one category. California has a zero-tolerance policy for driving under the influence of alcohol if you are under 21. Younger drivers in California are required by law to submit to a PAS exam if requested. Your license will be suspended for at least a year if you refuse.
Those on DUI probation make up the second group of individuals. Because of California’s zero-tolerance policies, you are unable to refuse the PAS exam, just like drivers under the age of 21. Your license will immediately be suspended for one to three years if you are on DUI probation and refuse to take a breathalyzer test on the side of the road.
All of your inquiries about DUI stops, arrests, and charges can be answered by knowledgeable DUI defense lawyers. Call the Chambers Law Firm at 714-760-4088 or send an email to dchambers@clfca.com if you refused to take a breathalyzer test during a traffic check and were arrested.
