The Preliminary Alcohol Screening Device (PAS) is a crucial tool used by law enforcement officers in the field. Its primary function is to determine if a person suspected of driving under the influence of alcohol is over the legal limit.
Typically, suppose the police smell alcohol on your breath, and you show objective signs of being under the influence of alcohol. In that case, they can have you blow in the PAS device and see what your reading is before wasting a trip to the police station if you are under the legal limit.
The police are not interested in wasting their time and being embarrassed back at the station if your blood alcohol level is under the legal limit. This is why the PAS device is convenient and helpful for them.
The PAS test has been in use for many years, and its usefulness to law enforcement as a tool for arresting and prosecuting individuals for DUI has evolved over time. In the past, the police/prosecutors could use the PAS results to show that you had alcohol in your system, versus actually trying to use the result itself to convict you of a DUI.
Now, the prosecutors rely on case law to use the reading against the person arrested for a DUI offense. This is a double-edged sword, as the machine itself is vulnerable to attack by experts. Its result can sometimes be unraveled at trial by an adequate cross-examination by a savvy DUI defense attorney.
Challenging PAS Test Results
As indicated above, fortunately, the test itself is flawed, and the machine does not produce an accurate result. The defense will often enlist experts to challenge the PAS result, and even the prosecutor's expert will typically acknowledge that the test is flawed. A skilled DUI defense attorney can use this to their advantage, casting doubt on the reliability of the PAS test and potentially weakening the prosecution's case.
As a defense attorney, I need to determine how often I have observed a significant discrepancy between the PAS result and the breath test administered at the station or the blood test. This involves a thorough review of the circumstances surrounding the test, including the calibration of the device and the conduct of the arresting officer. Hence, the defense will always have a strong argument with the prosecutor and judge that their client's PAS result is inaccurate.
Of course, there are occasions where the PAS result is helpful to the client, and the defense argues for its admission and accuracy. It is all in what position you sit that determines how you view specific evidence.
Can You Refuse To Take a PAS Device Test?
Drivers in Los Angeles have the right to refuse to blow into the PAS device. However, this decision can have serious repercussions. It can lead to the police finding other ways to arrest you and make the charges stick. Additionally, if a person suspected of DUI is asked to take a breath test at the police station, they must take it or risk a refusal, which could result in a year's license suspension. It's crucial to understand the potential consequences of refusing the PAS test to make an informed decision.
I always advise my clients to take the test because I am concerned that they will end up with a refusal and a year's license suspension if they do not. In counties like Ventura, the police are driving around with the breath test you must take alongside their police units.
While you technically have the right to refuse the PAS test, it's essential to note that the police may not view this decision favorably. They could use your refusal against you, potentially leading to a year-long license suspension. This means you could lose your driving privileges for a significant period, which can have a profound impact on your daily life. Therefore, I always advise my clients to err on the side of caution and take the test.
When it comes to DUI defense, seeking legal counsel is crucial. I always advise my clients to come into the office from the beginning, where we can lay out all the details related to their case and figure out a game plan that works for them. This process not only provides a sense of control but also peace of mind, making the journey ahead more manageable. Remember, you're not alone in this. Seeking legal counsel can provide the support and reassurance you need during this challenging time.
My ultimate goal is to ensure that my clients understand what they are up against and to make the process as smooth and painless as possible. If you find yourself in a DUI situation, remember you should do it once, do it right, and never do it again! Understanding the DUI process can empower you and give you a sense of control during this difficult time.
