Attorney Troy Slaten explains how you may have to take a PAS test after a formal arrest.
So many people ask me, that are accused of a DUI, or that are just curious –"Do I have to blow into that breathalyzer when I am ask to by the police?" What so many people don't realize is that you are not required to blow into a preliminary alcohol screening test, but you are required to blow into a device or give your blood if you are requested to by a peace officer after a lawful arrest for a DUI. In California, the highway patrol uses a device like this. This is an alco sensor four black dot. This is a preliminary alcohol screening test. This is not the applied consent test that you agreed to give if you are arrested for DUI. You do not have to consent to this test unless you are under twenty one or on probation for DUI. These tests are very inaccurate and they don't count. You can blow into this test on the side of the road, give the police incriminating evidence against you and then if you are arrested on suspicion of DUI you will still have to give another test of your blood or breath. |