Navigating the complexities of a DUI charge in California can be daunting. For Huntington Beach DUI attorneys and those facing such allegations, understanding the various components of a DUI investigation is critical. One of the key elements that often comes into play during these investigations is the Preliminary Alcohol Screening (PAS) test. This article aims to provide an in-depth understanding of what the PAS test entails, who is required to take it, and how it fits into the broader context of DUI enforcement.
Understanding the Preliminary Alcohol Screening (PAS) Test
The Preliminary Alcohol Screening test is a roadside breath test used by the Huntington Beach Police Department, the CHP, and other law enforcement officers to measure a driver’s blood alcohol concentration (BAC) during a DUI investigation. Unlike the more formal breathalyzer tests conducted at the police station, the PAS test is typically administered during the initial traffic stop.
This test utilizes a handheld breathalyzer device to provide law enforcement with an immediate indication of a driver’s breath alcohol level. Although the results of a PAS test are not always admissible as evidence at trial, they play a critical role in establishing probable cause for an arrest. Moreover, the results can inform an officer’s decision to proceed with further chemical testing, either through blood or breath analysis at the station.
Who is Required to Submit to a PAS Test?
The obligation to take a PAS test in California varies depending on several factors, including the driver’s age, the circumstances of their driving, and their probationary status. Below are the key categories of individuals who may be required to take the test:
1. Drivers Under the Age of 21: California has a strict “Zero Tolerance” policy for drivers under 21. This means that any measurable amount of alcohol in the system of a minor can lead to serious consequences. As such, drivers under the age of 21 are legally obligated to submit to a PAS test if requested by law enforcement. Refusal to take the test, or a test showing a BAC of 0.01% or higher, will result in an automatic driver’s license suspension.
2. Drivers on DUI Probation: Those currently serving DUI probation are also required to submit to a PAS test if requested by an officer. Typically, individuals on DUI probation are subject to a lower BAC threshold of 0.01%. Failure to comply with a PAS test request during probationary status will result in legal repercussions, such as an extension of the probation period or incarceration in the Orange County jail.
3. Other Drivers at the Officer’s Discretion: While the PAS test is primarily aimed at underage drivers and those on DUI probation, adult drivers over 21 who are not on probation may also be asked to take a PAS test. However, these individuals hold the right to refuse the test without immediate legal penalties, unless another chemical test is requested. Any Huntington Beach DUI lawyer would advise against voluntarily taking the PAS test. However, if you are subsequently arrested for DUI, You MUST take either a blood or breath test. Refusal to do so will result in a minimum one-year hard suspension with NO OPTION FOR A RESTRICTED LICENSE. Besides, even if you refuse a mandatory test, the police will simply get a warrant and take your blood by force. They will get your blood and you will get a full year suspension.
The Role of the PAS in a DUI Investigation
During a DUI investigation, law enforcement utilizes a series of steps to determine whether a driver is under the influence. The PAS test constitutes one aspect of this evaluative process, often accompanied by field sobriety tests.
In California, the sequence generally follows an initial observation period, where the officer assesses the driver’s behavior and any visible signs of impairment. Should these observations raise suspicions, the officer might proceed to administer standardized field sobriety tests, which include tasks that assess balance, coordination, and cognitive function.
The PAS test provides critical quantitative data, supplementing the officer’s subjective assessments during field sobriety tests. If the PAS reading indicates a BAC that justifies further investigation, the officer may arrest the driver and conduct a more precise chemical test at a designated facility.
Understanding Your Rights: Refusal and Consequences
It is crucial for drivers to be informed about their rights concerning PAS tests. Under California law, adult drivers over the age of 21 have the option to refuse a PAS test, and should do so. This is distinct from refusing a post-arrest breath or blood test, which could lead to automatic license suspension under the state’s Implied Consent Laws. Understanding the nuances of this can be complex, and it is advisable to consult a Huntington Beach DUI attorney if facing charges.
The Importance of a Huntington Beach DUI Lawyer
In DUI cases involving a Preliminary Alcohol Screening test, engaging a knowledgeable Huntington Beach DUI lawyer can make a significant difference in the outcome. Specialized DUI attorneys bring expertise in scrutinizing the legality of the traffic stop, the administration of field sobriety tests, and the handling of PAS test results.
An experienced Orange County DUI lawyer can challenge improper procedures or the accuracy of test results. Through a detailed review of the circumstances surrounding the arrest, legal professionals can identify potential defenses, such as questioning the calibration of the PAS device or the credibility of field sobriety tests. Moreover, Orange County DUI attorneys can negotiate with prosecutors for reduced charges or alternative sentencing options, especially critical for defendants who are under 21 or on DUI probation.
Conclusion: Navigating the DUI Landscape in California
Facing a DUI charge in California can be a challenging experience, given the stringent legal framework and the potent consequences of a conviction. The Preliminary Alcohol Screening test is a critical component during a DUI investigation, particularly for drivers under 21 and those on DUI probation. Understanding who must take this test and the implications of doing so is vital for anyone involved in such legal circumstances.
For individuals navigating this complex landscape, securing the guidance of an adept Huntington Beach DUI lawyer is invaluable. Legal experts can provide clarity, advocate on behalf of the defendant, and work towards the most favorable resolution possible. By understanding the role of tools like the PAS test, defendants can better prepare for the road ahead in resolving their DUI case.