Los Angeles DUI Breath Test Lawyers
Preliminary Breath Testing or Preliminary Alcohol Screening Device
The Preliminary Breath Test (PBT) or the Preliminary Alcohol Screening Device (PAS) is used to measure the breath alcohol content of a driver during a traffic stop. It is a portable, battery-powered device that you blow into that is a bit larger than pack of cigarettes. It is not viewed as the most accurate way to determine blood alcohol concentration - BAC. Therefore, it is frequently not admissible in court. A second breath or blood test at the police station, after the arrest, is considered more accurate and is used when the state is building its case against a driver.
When are PAS Devices Used?
When a police officer in California has reasonable suspicion to believe that someone is driving under the influence of alcohol, the officer can ask the driver to take a Preliminary Alcohol Screening Device (PAS) device test. And under California law, if the driver is under twenty-one and lawfully detained, they are required to take this test. However, an adult driver does not have to submit to the PAS test, and the officer must inform the driver that it is a voluntary test. Otherwise, if the officer goes ahead and has you blow in to a PAS device, it may be an unlawful seizure of evidence from you, as it was taken without your consent. This would be a violation of your Fourth Amendment Rights. A refusal to take this particular test is usually not admissible in a court of law. You are also permitted to consult with an attorney prior to taking a PAS test. However, in reality, the officer is not going to wait around for you to contact a lawyer. They will likely just make their decision as to whether or not they have probable cause to arrest you based upon the "totality of the circumstances." The results of the PAS or PBT are only a guide for an officer to make an arrest.
No matter what the BAC is on this preliminary field test, if the police arrest the driver he or she will still have to take a second test, usually at the station. This chemical test of the subject's breath or blood is considered more accurate and is often the strongest piece of evidence the state has in a drunk driving case.
Are PAS Devices and PBTs Accurate?
It's important to remember that every system used to analyze a person's blood alcohol level is subject to error. Human mistakes, poor calibration, mechanical errors and even radio frequencies can distort PAS and PBT accuracy. Though PAS and PBT tests are often viewed as a more accurate method than field sobriety tests in determining impairment, they are also subject to faulty results.
Dead-on accuracy is very important in DUI arrests. In California, a BAC level of .08% or above results in a DUI charge. DUI is a very serious charge associated with high penalties. The accuracy of the initial PAS or PBT test is central to what charges are levied against you. Whether the test was administered in a way that conforms with California law is another important factor. We know Dui law and the local courts. Please call us for a free consultation with an experienced Los Angeles DUI lawyer.
DUI Resource Center
- DUI Defense FAQs
- Boating Under the Influence
- DUI Accidents and Who Pays
- Incorrect Arrest Procedure
- DUI and Loss of Income
- DUI and Loss of Transportation
- Multiple DUI Offenses
- Vehicular Manslaughter
- DUI Fines
- DUI Sentencing
- DUI and Loss of License
- California DUI DMV Hearings
- What Police Look for in a DUI Case
- After a DUI Arrest
- DUI Traffic Stops
- Police Mistakes in DUI Arrests
- DUI Accidents
- DUI Fatalities
- Blood Alcohol Concentration
- Breathalyzers
- Field Sobriety Tests – FST’s
- Blood Tests
- Cognitive Tests
- Dexterity - Field Sobriety Tests
- Preliminary Breath Testing
