The preliminary alcohol screening device (PAS) plays a crucial role in DUI cases. Law enforcement uses it when they suspect a driver is borderline intoxicated, typically during vehicle stops. However, they are not obligated to use the PAS device if the individual is clearly intoxicated.
They can bring them into the station in Los Angeles and administer the Intoxilyzer 3000 alcohol test, where they blow into a tube. It registers. A receipt is printed and placed in the paperwork given to the prosecutor and the defense to show the person's blood-alcohol level.
However, if it's close and they end up arresting someone and taking them in, and they blow a .05, for example, that case is unlikely to be filed by the prosecutor, so they have just wasted their time.
They may not even send that type of case to the prosecutors. So, they use a small, preliminary alcohol screening device, which is a handheld device that they carry with them in the car. If someone blows over the legal limit, the police feel confident in bringing them into the station and letting them blow into the machine.
It's important to note that refusing to use the PAS device can have legal consequences. Many individuals mistakenly refuse to use the device at the police station, not realizing that this refusal can be used against them.
That PAS device is not the most accurate, and that's one of the ways to discredit it – the PAS device, which is their expert, the prosecutor's expert, is going to have to admit it's not that accurate.
Over my twenty-five years of practice, I've witnessed significant changes in DUI law. There was a time when the PAS result was deemed too unreliable to be introduced in a jury trial. While it's now given more weight, the PAS device's result is still just one piece of the puzzle, often differing from the blood or breath test result.
Challenging the accuracy of the PAS device is a key defense strategy. A defense expert can easily argue that the PAS device is not very accurate, and even the prosecutor's expert will have to acknowledge its limitations.
PAS Improper Calibration
Another issue to attack and discredit a PAS device in a DUI in Los Angeles is to say that it wasn't appropriately calibrated. You have to ensure that things are working correctly, and the police don't always do that. If it's not working directly and has been taken out of service close in time to when the client was pulled over for a DUI, you can indeed argue that the machine wasn't working correctly, and therefore, the result is not accurate.
What ends up happening is, depending on what the PAS device is in comparison to whatever the blow is back at the station or whatever the blood is, you're going to see both the defense and the prosecution trying to use the PAS device by saying, the PAS device is much closer to the time of driving, so that's the accurate result.
The prosecutors will say that if, for example, you blow a .08 at the station, which is right on the legal limit. You could probably argue that's below a .08 if you get a good expert, but if the PAS device reads a .11 or a .10, the prosecutors are going to say, ' Oh, yeah, the PAS device is the accurate one because it's closer to the time of the driving. ' And defense attorneys do the same thing.
If the PAS device is a .08 and you get them back to the station, and they're a .11, the attorney will say rising blood alcohol. The PAS device is more accurate. The bottom line is, the PAS device can be discredited.
If the PAS device is the only evidence against you in a DUI case, there's a good chance it can be discredited. In such a scenario, your case becomes winnable. This knowledge can provide a sense of hope and reassurance in a challenging situation.
Where it gets a little tricky is if you go to places like Ventura County or even Orange County – in Ventura County, these individuals are using the device out in the field, and that's how they're making their determination.
They must have a more sophisticated machine available for their tests, but this can become a bit confusing because they often do not return the individuals to the station to conduct the breath test.
Use Of An Expert
So, in that county, there are all kinds of issues with DUIs, and they don't negotiate them or Orange County. LA County is much more reasonable. If you only have the PAS device, you can have it evaluated by an expert. That's the primary way to deny it, because the expert will know how that preliminary screening device works, how it relates to DUIs in Los Angeles, and its limitations.
So, if you have a close case – and when I have close DUI cases in LA – I'll bring in an expert. We'll show them all the paperwork. I'll use my twenty-five years of experience.
We'll work together, and if it's close to the legal limit and there are issues with that PAS device, then we'll challenge it and attempt to get the case dismissed. It depends on your blood alcohol level with the PAS device, what your blood alcohol level was with the blood or breath test, and then you discuss with your attorney – I always ask my clients, How much did you drink? What did you drink? How much did you eat?
You have to get into the details of it and see if whatever the PAS device result is – whether it even makes sense in the first place – based on your size, how much alcohol you consumed, how much food you consumed, how much time passed between the driving and using the breath test – and then if there's any differential between the blood for example, if you took blood and the PAS device, or if there's any differential between the PAS device and your blow at the station and how much time passed.
Numerous issues can be debated. You need to sit down with someone like me, develop a strategy, and then make the right move to achieve the best result in your Los Angeles DUI case.
