Refusing a Breathalyzer in California

Can I Refuse To Take a Breath Test?

Refusing a Breathalyzer in California

If you have been stopped by a law enforcement officer in California, you can refuse to take a breath test. The roadside preliminary alcohol screening (PAS) test, which is commonly known as a breathalyzer, is optional in most circumstances.

After you’ve been pulled over, a law enforcement officer may request that you take a PAS test to help determine if you are driving under the influence of alcohol. You have the legal right to refuse this request.

Side of the Road Breath Test Is Optional in California

For a DUI charge to stand, law enforcement must prove that you were driving a vehicle with an illegal blood alcohol content (BAC). There are two ways law enforcement can measure your BAC:

  • A breathalyzer PAS test on the side of the road
  • A blood or breath test taken at a police station after an arrest

Unlike the tests taken at a police station, a PAS test is entirely optional. There is no punishment directly tied to refusing a PAS test.

A PAS Test Can Be Used Against You in Court

While a PAS test on the side of the road is optional, refusing to take one may result in the officer placing you under arrest. Like a field sobriety test, the PAS test is a tool law enforcement can use to determine whether they have probable cause to arrest you on suspicion of DUI. Once you are under arrest, you will be required to submit either a blood or breath test to measure your BAC at the police station.

Some drivers, determined to prove their innocence, agree to take a PAS test when stopped by an officer. Demonstrating to the police that you are not legally intoxicated can avoid an arrest and allow you to be on your way.

However, while a PAS test is optional, the results can be used against you in a court of law if you agree to take one. There are numerous potential problems with a PAS test: the calibration, storage, or operation of the breathalyzer could be deficient. A side of the road test is stressful, and you will be worried. A skilled criminal defense attorney can question all of these potential problems in court. But, if you decide to submit to a PAS test and the results are against you, you will likely end up in court.

When PAS Breath Tests Are Mandatory

Most motorists will have the option of refusing a PAS test during a traffic stop on the side of the road.

However, there are two exceptions:

  • People under the age of 21
  • People on probation for a prior California DUI

If you fall into one of these two categories, you are legally required to submit to a PAS test after a traffic stop. California has a zero-tolerance law for drivers under 21, so if an officer suspects you of being intoxicated and driving, the breath test is not optional.

Unless you fall into one of the two exceptions, it is generally recommended that you kindly tell the law enforcement officer that you are exercising your right to refuse a side-of-the-road breath test.

If you have been arrested after refusing to take a breath test or are facing a DUI charge in Fullerton, California, The Chambers Law Firm can assist you. Contact us at 714-760-4088 or info@orangecountyduifirm.com to request a no-obligation case review with one of our team members.

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