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 around for many years, and its usefulness to law enforcement as a tool to arrest people and prosecute them for a DUI has grown/evolved over the years. 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 because the machine itself is subject 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 fraught with issues, and the machine does not produce an accurate result. The defense will always get experts to attack the PAS result, and even the prosecutor's expert will typically acknowledge that the test is inaccurate.

I need to find out how often I have seen a massive disparity between the PAS result and the breath test back at the station or the blood test. 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 some occasions where the PAS result is helpful to the client, and the defense is arguing 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.

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 important to remember that the police may not view this favorably. They could use your refusal against you, potentially leading to a year-long license suspension. 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.

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!